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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND EIGHTEENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 4, A. D.
1955
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY- NINTH
VOLUME L
Printed by
Milford Chronicle Pubbaling Company
Milford, Delaware
PART II

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND EIGHTEENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 4, A. D.
1955
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY-NINTH
VOLUME L
Printed by
Milford Chronicle Pubbaling Company
Milford, Delaware
PART II
EXPLANATORY NOTE
Joint ResolutionsConcurrent Resolutions
Under provisions of Section 907, Title 29, Delaware Code,
the Secretary of State is authorized and directed to arrange for
the printing of the Session Laws. He is directed to include there-in
only "bills, resolutions, proclamations of the Governor, orders
and votes of a public nature."
Senate Resolutions and House Resolutions have never been
deemed to require action by the Governor and therefore had not
been printed in previous volumes of the Session Laws because
they were not construed as being "of a public nature". For pur-poses
of compiling this volume, Concurrent Resolutions not re-quiring
action by the Governor have been determined to be in the
same category as House Resolutions and Senate Resolutions, and
therefore not of a public nature.
This conclusion was reached primarily as a result of the
enactment of Chapter 607 of this volume which became effective
May 5, 1955. Chapter 607 completes the adoption of an amend-ment
to the State Constitution which provides in effect that reso-lutions
"on a question of adjournment and those matters dealing
solely with the internal or administrative affairs of the General
Assembly" became effective on adoption and do not require any
action by the Governor.
Since the effective date of that constitutional amendment the
term "Concurrent Resolution" has generally been used to desig-nate
resolutions which do not require action by the Governor;
the term "Joint Resolution" has generally been used to designate
resolutions which do require action by the Governor.
In the compilation of this volume all "Joint Resolutions"
have been included without any attempt to exclude any such
resolutions which may have been improperly designated. "Con-current
Resolutions" have been omitted except those which, under
the amended Constitutional provision, are believed to require
action by the Governor. This system of classification has been
followed as to all resolutions passed by the 118th General
Assembly.
The classification og resolutions outlined above makes poss-ible
the omission of approximately two hundred Concurrent
Resolutions enacted by the 118th General Assembly.
JOHN N. McDOWELL
Secretary of State
858
CHAPTER 394
RELATING TO PUBLIC ENTERTAINMENT ON SUNDAY
AN ACT TO AMEND CHAPTER 9, TITLE 28, DELAWARE
CODE, RELATING TO MISCELLANEOUS PROVISIONS
CONCERNING SPORTS AND AMUSEMENTS; REGULA-TION
OF PUBLIC ENTERTAINMENT ON SUNDAYS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 906 (a), Chapter 9, Title 28, Delaware Code
is amended to read as follows :
§ 906. Regulation of public entertainment on Sundays
(a) No person shall engage in, participate in, or attend,
outside the corporate limits of any incorporated city or town of
this State, any horse racing, public Auction, public dance, public
theatrical performance or public performances of Motion pic-tures
on Sunday except that this prohibition shall not apply to
public performances of motion pictures, with or without sound,
between the hours of twelve noon and six P. M. and between the
hours of eight P. M. and midnight in Kent County and Sussex
County, and between the hours of 2 P. M. and midnight in New
Castle County.
Approved July 7, 1955.
CHAPTER 395
EXAMINATION OF PERSON INVOLVED IN MOTOR
VEHICLE ACCIDENTS
AN ACT TO AMEND CHAPTER 27, TITLE 21, SECTION 2712,
DELAWARE CODE, RELATING TO THE SPECIAL EX-AMINATION
OF PERSONS INVOLVED IN MORE THAN
ONE ACCIDENT DURING ANY 24 MONTH PERIOD.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 2712, Chapter 27, Title 21, Delaware Code,
be and the same is hereby amended to read as follows:
§ 2712. Special examination
The Department shall cause a special examination to
be made of every person involved in a second accident resulting
in personal injury, death or property damage to an apparent
extent of Two Hundred and Fifty Dollars ($250.00) within
any twenty-four (24) month period when such person has been
adjudged responsible for causing such accidents by a Court of
competent jurisdiction, to determine whether such person suf-fers
from a physical or mental impediment to the safe operation
of a vehicle as a prerequisite to the continuation of the oper-ator's
right to drive on the highways.
The Department shall also cause to be examined any
person whom the State Police Superintendent or the Chief of
Police of the City of Wilmington recommends for such exami-nation.
Approved July 7, 1955.
859
860
CHAPTER 396
APPROPRIATION
STATE HIGHWAY DEPARTMENT
AN ACT DIRECTING THE STATE HIGHWAY DEPART-MENT
TO CARRY OUT AN ACCURATE SURVEY AND
PERMANENT MARKING OF STATE-OWNED LANDS
IN SUSSEX COUNTY, ADJACENT TO THE ATLANTIC
OCEAN; APPROPRIATIONS THEREFOR.
WHEREAS, the State of Delaware is owner of more than
twenty-five hundred (2500) acres of State lands in Sussex
County, adjacent to the Atlantic Ocean, .and
WHEREAS, the boundaries of these lands are not clearly
defined, corners and boundary markers having been lost, de-stroyed
or removed, NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The State Highway Department of the State
of Delaware is directed to carry out an accurate survey and
permanent marking of said State-owned lands, including a
search of records, establishment of corners, complete surveys
with descriptions, placing and referencing permanent markers
and State land signs, and preparation of property plats.
Section 2. The sum of Thirty Thousand Dollars ($30,
000.00) is appropriated to the said State Highway Department
for the purpose specified in Section 1 of this Act, and the State
Treasurer is directed to pay all or part of said sum upon a
warrant or warrants approved by the proper officials of the
State Highway Department.
The State Highway Department shall without delay pro-ceed
to carry into effect the purposes of this Act. Any of the
funds hereby appropriated which have not been expended for
the purposes of this Act shall revert to the General Fund as of
June 30, 1957.
Chapter 396 861
Section 3. This Act is a supplementary appropriation and
the money appropriated shall be paid by the State Treasurer
out of the General Fund of the State of Delaware.
Approved July 7, 1955.
862
CHAPTER 397
APPROPRIATION
STATE BOARD FOR VOCATIONAL EDUCATION
AN ACT MAKING AN APPROPRIATION TO THE STATE
BOARD OF VOCATIONAL EDUCATION FOR THE
TRAINING OF VOLUNTEER FIREMEN.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. There is hereby appropriated to the State
Board of Vocational Education the sum of Twelve Hundred
Dollars ($1200.00) for the fiscal year beginning July 1, 1955,
and a similar sum of Twelve Hundred Dollars ($1200.00) for
the fiscal year beginning July 1, 1956, to be expended by the
said Board only for the training of volunteer firemen.
Section 2. This is a Supplementary Appropriation Act,
and the sums hereby appropriated shall be paid by the State
Treasurer out of the General Fund of the State of Delaware.
Approved July 7, 1955.
I
CHAPTER 398
CIVIL DEFENSE
AN ACT TO AMEND CHAPTER 31, TITLE 20, DELAWARE
CODE, RELATING TO CIVIL DEFENSE; POWERS OF
THE GOVERNOR.
Be it elutcted by the General Assembly of the State of
Delaware:
Section 1. § 3105 (b), Chapter 31, Title 20, Delaware
Code, is amended by striking out paragraph (9) and substitut-ing
in lieu thereof the following paragraph:
(9) Utilize the services and facilities of existing officers,
and agencies of the State and of the political sub-divisions
thereof; and all such officers and agencies shall perform such
services and supply such facilities as the Governor may re-quest.
Approved July 7, 1955.
863
864
CHAPTER 399
CREATING A DEPARTMENT OF MOTOR VEHICLES
FOR WILMINGTON
AN ACT AUTHORIZING THE MAYOR AND COUNCIL OF
WILMINGTON TO CREATE A DEPARTMENT OF
MOTOR VEHICLES, OUTLINING THE POWERS AND
DUTIES THEREOF, AND PROVIDING PERSONNEL
THEREFOR.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of the Members of each House thereof
concurring therein):
Section 1. The Council of The Mayor and Council of Wil-mington
is hereby authorized, in its discretion, to create a
Department of Motor Vehicles of The Mayor and Council of
Wilmington. Said Department shall consist of three members.
Such members shall be appointed by the Mayor, subject to con-firmation
by The Council, and shall serve without compensa-tion.
When the Department is first established, the members
thereof shall be appointed or elected for terms of such length
and so arranged that the term of at least one member shall ex-pire
each year and their successors shall be appointed for terms
of three years each. Any member of said Department may be
removed for cause, after a public hearing, by the Mayor with
the approval of The Council. A vacancy occurring otherwise
than by expiration of term, shall be filled for the unexpired term
in the same manner as an original appointment. Such Depart-ment
shall elect annually a chairman and secretary from its
own number and may employ such personnel as it deems neces-sary
to execute the powers and perform the duties hereinafter
prescribed.
No person shall be eligible for appointment as a member
of said Department who shall not be a citizen of the United
States, a qualified voter of the State, and a resident of the City
of Wilmington, for the last five years next preceding his ap-pointment.
Upon removal of the residence of any such mem-ber
from the City of Wilmington, his said office shall be deemed
to be vacated.
Chapter 399 865
Section 2. Said Department shall operate a municipal
garage or garages and shall maintain and provide for municipal
uses of motor vehicles owned by The Mayor and Council of
Wilmington. All maintenance and use of motor vehicles present-ly
owned by The Mayor and Council of Wilmington shall, upon
the creation of said Department, be transferred to said De-partment.
All facilities and personnel for the maintenance,
repair and storage of motor vehicles shall be under the super-vision,
direction and control of said Department. The Mayor
and Council of Wilmington be and it is hereby authorized to
prescribe in detail the further powers and duties of said De-partment
in connection with said motor vehicles.
Section 3. The Council of The Mayor and Council of Wil-mington
shall, in its discretion, appropriate such funds to said
Department as are necessary for the operation of said Depart-ment.
Section 4. The doing of all work and the furnishing of
all materials, equipment and supplies required by said Depart-ment
shall be let out by the members of said Department to the
lowest and best bidder, except in cases where, in the opinion of
said members, it is not practicable to do such work or furnish
such materials, equipment and supplies by contract upon com-petitive
bidding. The solicitation of bids by said Department
shall be in the manner now prescribed for the Street and Sewer
Department of The Mayor and Council of Wilmington.
Section 5. The City Auditor shall examine all bills against
said Department and endorse them as correct before they are
presented to said Department for payment; he shall also exam-ine
and countersign all drafts or orders and withhold his signa-ture
in case the draft or order is made without sanction of law,
or with any circumstances of fraud actually or presumably at-tached
thereto, in all of which cases he shall report his action
and the grounds therefor to the members of said Department
at their ensuing meeting; said members shall thereupon duly,
carefully and publicly consider the case and shall sustain or
overrule his action by a unanimous vote of all the members of
said Department, whereupon it shall be the duty of the City
Auditor in case he shall be overruled to countersign the said
866 Chapter 399
draft or order, in which case he shall be exonerated from all
responsibility in the premises. He shall also keep a book or
books in which an exact and complete record of all accounts so
paid shall be entered, keeping a debtor and a credit account
with all persons doing work for or furnishing materials to the
said Department in any manner.
Section 6. The moneys and revenue received by said De-partment
shall be deposited to the credit of said Department in
such bank in Wilmington as it shall determine upon, and all
money to be disbursed therefrom on account of the duties and
obligations by this act imposed, shall be drawn upon warrants
signed by the Chairman of said Department and countersigned
by the City Treasurer and City Auditor.
It shall be the duty of the City Auditor, during the first
week of every month, to examine and audit the accounts of the
said Department for the month last preceding; and he shall
make duplicate certificates, showing the result of such exami-nation
and audit, one of which he shall deliver to the said
Department and the other shall be by him transmitted to The
Council.
Section 7. Each member of said Department shall, im-mediately
after organization, enter into a bond with sureties
to The Mayor and Council of Wilmington in the sum of Ten
Thousand Dollars ($10,000.00), said sureties to be approved
of by the City Solicitor, the condition of which bond shall be
as follows, viz : The condition of this obligation is such that
if the above bounden , one of the
members of the Department of Motor Vehicles, shall in all
things comply with the provisions of this act, and shall faith-fully
execute the trust confided to him, then the above obliga-tion
to be void, otherwise to remain in full force and virtue.
To the said bond there shall be subjoined a warrant of attorney
to confess judgment thereon, and the said bond and warrant
shall be filed in the office of the City Treasurer, there to remain
until in the judgment of the City Judge, the interest of the City
demands that it be entered in the Superior Court of the State
of Delaware in and for New Castle County.
Approved July 7, 1955.
CHAPTER 400
APPROPRIATION
STATE PARK COMMISSIONER
AN ACT APPROPRIATING CERTAIN SUMS TO THE STATE
PARK COMMISSION FOR CONSTRUCTION AND RE-PAIR
OF CERTAIN FACILITIES AT FORT DELAWARE
STATE PARK.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. There is hereby appropriated to the State
Park Commission the sum of Ten Thousand Dollars ($10,000.00)
for the fiscal year beginning July 1, 1955, for the construction
of a boat landing at Fort Delaware State Park, and the sum
of Ten Thousand Dollars ($10,000.00) for the fiscal year
beginning July 1, 1956, for repair of an existing building for
use as a museum and related facilities at Fort Delaware State
Park.
Section 2. This is a Supplementary Appropriation Act,
and the sums hereby appropriated shall be paid by the State
Treasurer out of the General Fund of the State of Delaware.
Approved July 7, 1955.
868
CHAPTER 401
APPROPRIATION
STATE HIGHWAY DEPARTMENT
AN ACT DIRECTING THE STATE HIGHWAY DEPART-MENT
TO ERECT AND CONSTRUCT A SPILL DAM AT
INGRAM POND, NEAR MILLSBORO, IN SUSSEX
COUNTY; APPROPRIATION.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The State Highway Department is directed to
erect, construct and install a spill dam at Ingram Pond near
Millsboro, in Sussex County, to be of such type as shall main-tain
and hold the water in Ingram Pond at or near its original
level.
Section 2. The sum of Ten Thousand Dollars ($10,000.00)
is appropriated to the State Highway Department to be used by
said department for the purpose of constructing said dam.
Section 3. This Act shall be known as a Supplementary
Appropriation Act, and the monies hereby appropriated shall
be paid out of the General Fund of the State Treasury.
Approved July 7, 1955.
CHAPTER 402
FORT DELAWARE PARK
AN ACT TO AMEND CHAPTER 47, TITLE 7, DELAWARE
CODE, BY ESTABLISHING FORT DELAWARE STATE
PARK AND PROVIDING FOR FEES AND CHARGES
TO MAKE THE SAME SELF-SUPPORTING.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 4723, Title 7, Delaware Code, is hereby amend-ed
to read as follows :
§ 4723. Fort Delaware State Park
Pea Patch Island is declared to be a State Park under
the name of Fort Delaware State Park.
The State Park Commission shall repair Fort Dela-ware
and shall thereafter maintain the same in a condition fit
for visitation by the general public, and shall arrange and pro-vide
transportation facilities for such purpose.
The State Park Commission shall establish and col-lect
reasonable fees and charges for transportation to the said
park and visitation therein; all such fees and charges received
by the said Commission and any other funds received by it,
except State appropriations, for the support of Fort Delaware
State Park shall be paid to the State Treasurer, who shall re-tain
the same in a special fund, to be expended upon proper
vouchers of the Commission only for the purpose of carrying
out the provisions of this Section.
The officers of the Fort Delaware Society are named
as an advisory board to the State Park Commission to make
such recommendations for the care and maintenance of Fort
Delaware State Park as they see fit.
Approved July 7, 1955.
869
870
CHAPTER 403
PERTAINING TO INDICTMENT TO DEFRAUD
AN ACT TO AMEND CHAPTER 31, TITLE 11, DELAWARE
CODE, BY PROVIDING THAT IN ANY INDICTMENT
OR INFORMATION WHERE IT IS NECESSARY TO
ALLEGE AN INTENT TO DEFRAUD IT SHALL BE
UNNECESSARY TO NAME THE PERSON INTENDED
TO BE DEFRAUDED AND THAT IT SHALL NOT BE A
VARIANCE AND SHALL BE SUFFICIENT IF INTENT
TO DEFRAUD ANY PERSON OR GROUP OF PERSONS
OR LEGAL ENTITY IS PROVED.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 31, Title 11, Delaware Code, be and the
same hereby is amended by adding the following new section
thereto to be known as Section 3107:
§ 3107. Allegation of intent to defraud
Whenever it may be necessary, in any indictment or in-formation,
to allege an intent to injure or defraud, it shall be
sufficient to allege an intent to injure or defraud without nam-ing
the particular person or body corporate intended to be in-jured
or defrauded, and on the trial of the action it shall not
be deemed a variance, but be deemed sufficient, if there appear
to be an intent to injure or defraud the United States, or any
state, territory, county, town, or other municipal or public
corporation, or any public officer in his official capacity, or any
private corporation, co-partnership, or member thereof, or any
particular person or persons.
Section 2. No criminal proceeding commenced prior to the
approval of this Act shall be in any manner affected hereby,
but shall be governed by the law in force immediately prior to
the approval hereof. (
Approved July 7, 1955. a
871
CHAPTER 404
APPROPRIATION
STATE BOARD OF HEALTH
AN ACT APPROPRIATING MONEY TO THE STATE BOARD
OF HEALTH FOR SERVICES TO CRIPPLED CHILDREN.
WHEREAS, Section 165, Chapter 1, Title 16, Delaware
Code of 1953, designates the State Board of Health as the agency
in Delaware to administer a program of services for indigent
crippled children, the purpose of such program being to develop,
extend and improve services for locating such children and for
providing for medical, surgical, corrective and for such other
services and care, and for facilities for diagnosis, hospitaliza-tion
and after-care; and
WHEREAS, a tremendous increase in the preschool and
school population in Delaware has resulted also in increased
demands for crippled children's services ; and
WHEREAS, the cost of services to crippled children (i. e.
hospital per diem, appliances and prosthesis) has been con-stantly
rising; and
WHEREAS, in view of the foregoing, it is evident that the
recommended current budget is inadequate for administering
the crippled children's program as specified in paragraph 1,
above, but rather would result in the sharp curtailment of such
services and the lowering of existent standards ; NOW, THERE-FORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The sum of twenty-two thousand dollars
($22,000.00) be and the same is hereby appropriated to the
State Board of Health for the fiscal year beginning July 1, 1955,
and that the sum of twenty-six thousand dollars ($26,000.00)
be and the same is hereby appropriated for the fiscal year be-
872 Chapter 404
ginning July 1, 1956, to be used for services to the crippled
children of the State of Delaware for case-finding, medical,
surgical and medical social services, hospitalization, rehabili-tation
and follow-up; and to provide for salary increments.
Section 2. This bill shall be known as a Supplementary
Appropriation Act, and the money hereby appropriated shall
be paid out of the General Fund of the State of Delaware.
Approved July 7, 1955.
CHAPTER 405
PROVIDING FOR A TAX RATE TO MAINTAIN PARKS
AN ACT TO AMEND CHAPTER 6, TITLE 9, DELAWARE
CODE, BY PROVIDING FOR A MAXIMUM ANNUAL
TAX RATE FOR THE COST OF MAINTAINING A PARK
OR RECREATION AREA.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 654, Chapter 6, Title 9, Delaware Code, be
and it hereby is amended by adding the following paragraph to
be designated 654 (c)
(c) The estimated maximum annual tax rate for the cost
of maintaining any park or recreation area, including all costs
of supervision and recreational promotion, shall be computed
and shall be stated on the ballot at the time of the election as
provided in section 632 in terms of a certain rate on every
hundred dollars of assessed valuation. The annual tax levied to
provide funds for maintaining the park, including all costs of
supervision and recreational promotion, for any fiscal year prior
to the maturity of the bonds shall not exceed the estimated maxi-mum
annual tax rate for such maintenance as stated on the
ballot at the time of the election by the residents of the suburban
park community.
Approved July 7, 1955.
873
874
CHAPTER 406
DELAWARE STATE COLLEGE
AN ACT TO PERMIT THE USE OF CERTAIN FUNDS FOR
CAPITAL IMPROVEMENTS AT DELAWARE STATE
COLLEGE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 6102 (b), Title 29, Delaware Code, is amend-ed
by inserting the words "or Delaware State College" after the
words "University of Delaware" therein.
Section 2. § 6505, Title 14, Delaware Code, is hereby
amended by adding thereto the following paragraph:
The Board of Trustees shall also have the power to expend
funds accumulated by the College, over normal ' operating ex-penses,
from the proceeds of College functions and activities
for the erection, equipping and furnishing of a men's dormitory,
a multiple purpose building, faculty-staff buildings or a class-room
and laboratory building at Delaware State College, or for
incidental expenses connected therewith.
Approved July 7, 1955.
875
CHAPTER 407
RELATING TO COMPENSATION OF ADJUTANT
GENERAL
AN ACT TO AMEND CHAPTER 1, TITLE 20, DELAWARE
CODE, RELATING TO THE COMPENSATION OF THE
ADJUTANT GENERAL.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 122 (f), Chapter 1, Title 20, Delaware Code,
is amended to read as follows:
(f) He shall receive an annual salary of $6,000 and may
draw his warrant on the State Treasurer, who shall pay the
sum out of money appropriated for military purposes, in equal
monthly installments.
Approved July 7, 1955.
876
CHAPTER 408
RELATING TO ANNUAL SCHOOL ELECTIONS
AN ACT TO AMEND CHAPTER 3, TITLE 14, DELAWARE
CODE, RELATIVE TO NOTICE OF ANNUAL SCHOOL
ELECTIONS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 311, Title 14, Delaware Code, is amended to
read as follows :
§ 311. Notice of election
(a) The Clerk of the Peace of each county shall give
notice of the annual school elections as follows :
By notices posted in at least 10 public places in each
District and on the door of every school house in each District
at least 20 days before the day of the election ; and
By notices published in 2 newspapers of the county
at least once a week for 3 weeks before the election, the last
such publication to be not less than 5 days before the day of
the election.
(b) The notices so posted and published shall plainly
set forth the offices to be filled, the date when nominations shall
be filed, and the time and place of each election.
Approved July 7, 1955.
CHAPTER 409
DELMAR
AN ACT TO AMEND THE CHARTER OF THE TOWN OF
DELMAR, CHAPTER 182, VOLUME 45, LAWS OF DELA-WARE,
RELATIVE TO THE COMPENSATION OF CER-TAIN
OFFICERS.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all the Members of each House thereof
concurring therein.):
Section 1. Section 4, Chapter 182, Volume 45, Laws of
Delaware, is amended by striking out the words and figures
"Fifty ($50.00) Dollars" in the fifth and sixth lines and in-serting
in lieu thereof the words and figures "One Hundred
Dollars ($100)" and by striking out the words and figures
"Twelve ($12.00) Dollars" in the seventh line and inserting in
lieu thereof the words and figures "Sixty Dollars ($60)".
Section 2. Section 6 (c), Chapter 182, Volume 45, Laws
of Delaware, is amended by striking out the words and figures
"Two ($2.00) Dollars" in the last line and inserting in lieu
thereof the words and figures "Six Dollars ($6)".
Approved July '7, 1955.
877
878
CHAPTER 410
RELATING TO STATE SUPPORTED SALARY SCHEDULES
AN ACT TO PROVIDE FOR STATE SUPPORTED SALARY
SCHEDULES FOR THE BIENNIUM BEGINNING JULY
1, 1955 AND ENDING JUNE 30, 1957, FOR EMPLOYEES
OF THE STATE BOARD OF EDUCATION, THE STATE
BOARD FOR VOCATIONAL EDUCATION, AND THE
BOARD OF PUBLIC EDUCATION IN WILMINGTON
WHO ARE NOT COVERED BY THE SALARY SCHED-ULES
IN TITLE 14, CHAPTER 13, DELAWARE CODE,
AND TO PROVIDE APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. There is hereby provided a salary increase for
the biennium beginning July 1, 1955, for employees of the State
Board of Education, the State Board for Vocational Education,
and the Board of Public Education in Wilmington, who are not
covered by the salary schedules in Title 14, Chapter 13, Dela-ware
Code. The increase shall be in the amount of Three Hun-dred
Dollars ($300.00) above the salary paid for the year end-ing
June 30, 1955. This increase shall be paid to persons in
these categories : Superintendent, Assistant Superintendent,
Directors, Supervisors, and all other unclassified professional
and clerical personnel.
Section 2. The sum of Twenty-Seven Thousand Five Hun-dred
Dollars ($27,500) is appropriated to the State Board of
Education for the fiscal year beginning July 1, 1955, and ending
June 30, 1956, and the further sum of Twenty-Seven Five Hun-dred
Dollars ($27,500) for the fiscal year beginning July 1,
1956, and ending June 30, 1957.
Section 3. The sums so appropriated shall be used only
for the purpose of adjusting the said salaries and no other.
Section 4. This Act is a supplementary appropriation, and
the money appropriated shall be paid by the State Treasurer
out of the General Fund of the State of Delaware.
Approved July 7, 1955.
879
CHAPTER 411
RELATING TO MOTOR VEHICLES
AN ACT TO AMEND TITLE 21, DELAWARE CODE, ENTIT-LED
"MOTOR VEHICLES", RELATING TO NOTICE BY
COMMISSIONER OF REVOCATION OR SUSPENSION
OF DRIVING PRIVILEGE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Subchapter II, Chapter 27, Title 21,
Delaware Code, by adding a new section thereto, as follows :
§ 2736. Notice
Whenever a license is suspended or revoked under
this subchapter notice shall be given to the holder of such license.
Such notice shall be given either by personal delivery
thereof to the person to be so notified or by deposit in the
United States mail of such notice in an envelope with postage
prepaid, addressed to such person at his address as shown by
the records of the department. The giving of notice by mail is
complete upon the expiration of four days after such deposit
of such notice. Proof of the giving of notice in either such
manner may be made by the certificate of any' officer or em-ployee
of the department or affidavit of any person over twenty-one
years of age, naming the person to whom such notice was
given and specifying the time, place, and manner of the giving
thereof.
Approved July 7, 1955.
880
CHAPTER 412
JUSTICES OF THE PEACE
AN ACT TO AMEND CHAPTER 59, TITLE 11, DELAWARE
CODE, ENTITLED "JUSTICE OF THE PEACE" BY IN-CREASING
THE MAXIMUM FINE FOR ASSAULTS
AND BATTERIES AND BREACHES OF THE PEACE.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all Members of each Branch thereof
concurring therein):
Section 1. § 5904, Chapter 59, Title 11, Delaware Code,
is amended by striking "$10.00" from the first sentence of said
section and by substituting in lieu thereof "$100.00".
Approved July 11, 1955.
CHAPTER 413
MILITARY AND CIVIL DEFENSE
AN ACT TO AMEND TITLE 20, DELAWARE CODE, EN-TITLED,
"MILITARY AND CIVIL DEFENSE" BY PRO-VIDING
FOR LEAVE OF ABSENCE FROM WORK FOR
EMPLOYEES WHO ARE MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES, WHILE EN-GAGED
IN TEMPORARY MILITARY TRAINING WITH
THE ARMED FORCES OF THE UNITED STATES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 9, Title 20, Delaware Code, is amended
by adding a new section thereto as follows :
§ 905. Leaves of absence for members of reserve on temporary
active duty
Any person who is a duly qualified member of the
reserve components of the armed forces, who is a member of
the Ready Reserve, who is a member of an Organized Unit, and
who, in order to receive military training with the armed forces
of the United States not to exceed fifteen days in any one calen-dar
year, leaves a position other than a temporary position in
the employ of any employer, and who shall give evidence defin-ing
date of departure and date of return for purposes of mili-tary
training ninety days prior to the date of departure and
who shall further give evidence of the satisfactory completion
of such training immediately thereafter, and, who is still quali-fied
to perform the duties of such position, shall be entitled to
be restored to his previous or a similar position with the same
status, pay, and seniority, and such period of absence for mili-tary
training shall be construed as an absence with leave and
within the discretion of the employer said leave may be with or
without pay.
Such absence for military training shall not affect
the employee's right to receive normal vacation, sick leave,
881
882 Chapter 413
bonus, advancement and other advantages of his employment
normally to be anticipated in his particular position.
(c) If any employer fails to comply with any of the pro-visions
of this section, the employee may, at his election, bring
an action at law for damages for such non-compliance, or apply
to the Superior Court for such equitable relief as may be just
and proper under the circumstances.
Approved July 11, 1955.
883
CHAPTER 414
MOTOR VEHICLES
AN ACT TO AMEND CHAPTER 7, TITLE 21, DELAWARE
CODE, RELATING TO MOTOR VEHICLES GIVING
RIGHT TO PERSON ARRESTED TO BE TRIED IN THE
MUNICIPAL COURT FOR THE CITY OF WILMINGTON
OR BY THE NEAREST AVAILABLE JUSTICE OF THE
PEACE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 704, Chapter 7, Title 21, Delaware Code, is
amended to read as follows :
§ 704. Jurisdiction of offenses
A person arrested without a warrant in the City of Wil-mington
for a violation of any section of this title shall be
taken before a Judge of the Municipal Court for the City of
Wilmington. A person arrested without a warrant outside of
the City of Wilmington for a violation of any section of this
title shall have the right to have his case heard and determined
by the nearest available Justice of the Peace. It shall be a suffi-cient
defense for a person arrested outside of the City of Wil-mington
to show by one competent witness that there was, at
the time of his arrest, an available Justice of the Peace whose
regular office was nearer to the place where such person was
arrested than the Justice of the Peace before whom the case is
being tried.
For the purpose of this section, Justice of the Peace is
available when he is at his office, or court, or at his residence.
Approved July 11, 1955.
884
CHAPTER 415
ESCHEATOR
AN ACT TO AMEND TITLE 12, DELAWARE CODE, IN RE-SPECT
TO THE ESCHEATOR.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 1122 (b) , Title 12, Delaware Code, is repealed.
Approved July 11, 1955.
CHAPTER 416
NEWARK
AN ACT AMENDING CHAPTER 152, VOLUME 48, LAWS OF
DELAWARE, BEING AN ACT ENTITLED "AN ACT
CHANGING THE NAME OF THE 'TOWN OF NEWARK'
TO THE 'CITY OF NEWARK' AND ESTABLISHING A
CHARTER THEREFOR" BY AMENDING THE PROVIS-IONS
PERTAINING TO THE FISCAL YEAR, BUDGET,
AUDIT, AND FINANCIAL STATEMENT, AND BY PRO-VIDING
A DEADLINE FOR THE ESTABLISHMENT OF
THE TAX RATE AND ADOPTION OF THE BUDGET IN
EACH YEAR.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all Members elected to each House
concurring herein):
Section 1. Section 30, Chapter 152, Volume 48, Laws of
Delaware, is amended by striking out in the second line thereof
the word "March", by inserting in lieu thereof the word "Jan-uary",
by striking out in the third line thereof the word "Feb-ruary"
and by inserting in lieu thereof the word "December".
Section 2. That Section 31 of Chapter 152, Volume 48,
Laws of Delaware, is amended by striking out all of the first
paragraph thereof, and by inserting in lieu thereof a new para-graph
to read as follows :
§ 31. Budget
Annually each year, and not later than the first Tuesday
in December, the Council shall begin consideration of a proposed
budget containing the financial plan for conducting the affairs
of the City for the ensuing fiscal year.
Section 3. Section 31, Chapter 152, Volume 48, Laws of
Delaware, is further amended by striking out all of the last
paragraph thereof and by inserting in lieu thereof a new para-graph
as follows :
885
886 Chapter 416
The budget and the tax rate for the ensuing fiscal year
shall be established and adopted by the Council not later than
February 28 of each year.
Section 4. Section 32, Chapter 152, Volume 48, Laws of
Delaware, is amended by striking out in the second line thereof
the word "February" and by inserting in lieu thereof the word
"December".
Section 5. Section 33, Chapter 152, Volume 48, Laws of
Delaware, is amended by striking out in the second line the
word "March" and by inserting in lieu thereof the word "Jan-uary".
Approved July 11, 1955.
CHAPTER 417
RELATING TO SALE OF BEER
AN ACT TO AMEND TITLE 4, DELAWARE CODE, RELAT-ING
TO THE QUANTITY OF BEER THAT MAY BE SOLD
TO BE KEPT IN STOCK FOR PERSONAL USE WITH-OUT
THE NECESSITY OF AN INDIVIDUAL LICENSE
TO PURCHASE THE SAME: PERMITTING PURCHASE
AND TRANSPORTATION OF GREATER QUANTITY OF
BEER.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 531, Chapter 5, Title 4, Delaware Code, is
amended by striking out the figures and words "twelve (12)
bottles or twenty-four (24) half-bottles of beer," appearing in
the fourth line thereof and by inserting in lieu thereof the fig-ures
and words "twenty-four (24) bottles or forty-eight (48)
half-bottles of beer".
Section 2. § 714, Chapter 7, Title 4, Delaware Code, is
amended by striking out the figures and words "twelve (12)
bottles or twenty-four (24) half-bottles of beer" appearing in
the sixth and seventh lines thereof and by inserting in lieu
thereof the figures and words "twenty-four (24) bottles or
forty-eight (48) half-bottles of beer".
Section 3. § 724 (4), Chapter 7, Title 4, Delaware Code,
is amended by striking out the figures and words "twelve (12)
bottles or twenty-four (24) half-bottles of beer" appearing in
the fifth and sixth lines of said subsection (4) and by inserting
in lieu thereof the figures and words "twenty-four (24) bottles
or forty-eight (48) half-bottles of beer".
Approved July 11, 1955.
887
888
CHAPTER 418
SPECIAL CONSTABLES
AN ACT TO AMEND TITLE 10, DELAWARE CODE, ENTIT-LED
"COURTS AND JUDICIAL PROCEDURE" BY ES-TABLISHING
QUALIFICATIONS FOR CERTAIN SPE-CIAL
CONSTABLES AND BY PROVIDING FOR TWO
YEAR APPOINTMENTS AT INCREASED FEES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 27, Title 10, Delaware Code, is amend-ed
by adding thereto the following section :
§ 2717. Qualifications of special constables appointed under sec-tions
2715-2716; term of office; fees
Any individual, firm or corporation applying for the
appointment of a special constable under section 2715 or 2716
of this title shall provide such evidence as the Governor may
require to show that the proposed special constable is at least
21 years of age and of good character and reputation.
Commissions for special constables appointed under
section 2715 or 2716 of this title shall be for two years subject
to the right of revocation by the Governor or by the individual,
firm or corporation at whose instance such constable was ap-pointed.
A fee of $20 shall be charged for each constable's
commission issued under section 2715 or 2716 of this title.
Section 2. The provisions of this Act shall not be so ap-plied
as to require any present special constable to give up his
commission, and any constable now commissioned shall be
eligible upon proper application and payment of the proper fee
for a renewal of his commission any provision of this Act to the
contrary notwithstanding.
Section 3. The Act shall become effective 30 days after
approval by the Governor.
Approved July 11, 1955.
CHAPTER 419
SALARY OF KENT COUNTY PROTHONOTARY
AN ACT TO AMEND CHAPTER 23, TITLE 10 OF THE DELA-WARE
CODE RELATING TO THE SALARY OF THE
PROTHONOTARY OF KENT COUNTY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 2301 (2) , Title 10 of the Delaware Code is
amended by striking out the figures 13000" as they appear
therein and by inserting in lieu thereof the figures "$3600".
Approved July 11, 1955.
889
890
CHAPTER 420
SALARY OF KENT COUNTY CORONER
AN ACT TO AMEND CHAPTER 95, TITLE 9 OF THE DELA-WARE
CODE RELATING TO THE SALARY OF THE
CORONER OF KENT COUNTY.
Be it enacted by the General Assembly of the State of
De(aware:
Section 1. § 9501 (2), Title 9 of the Delaware Code is
amended by striking out the figures "$2000" as they appear
therein and by inserting in lieu thereof the figures "$2400".
Approved July 11, 1955.
CHAPTER 421
SALARIES OF KENT AND SUSSEX COUNTY LEVY
COURT COMMISSIONERS
AN ACT. TO AMEND CHAPTER 3, TITLE 9 OF THE DELA-WARE
CODE RELATING TO THE SALARY OF THE
COMMISSIONERS OF THE LEVY COURT OF KENT
COUNTY AND SUSSEX COUNTY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 309 (b), Title 9 of the Delaware Code is
amended by striking out said subsection as it now appears and
inserting in lieu thereof a new § 309 (b) to read as follows :
(b) In Kent County each of the Levy Court Commission-ers
shall receive a salary of $3200 per year and in Sussex County
each of the Levy Court Commissioners shall receive a salary of
$2800 per year.
Approved July 11, 1955.
891
892
CHAPTER 422
SALARY OF KENT COUNTY REGISTER IN CHANCERY
AND CLERK OF THE ORPHANS' COURT
AN ACT TO AMEND CHAPTER 25, TITLE 10 OF THE DELA-WARE
CODE RELATING TO THE SALARY OF THE
REGISTER IN CHANCERY AND CLERK OF THE
ORPHANS' COURT OF KENT COUNTY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 2502 (2) , Title 10 of the Delaware Code is
amended by striking out the figures 13000" as they appear
therein. and by inserting in lieu thereof the figures "$3600".
Approved July 11, 1955.
CHAPTER 423
SALARIES OF COUNTY COMPTROLLERS
AN ACT TO AMEND CHAPTER 93, TITLE 9 OF THE DELA-WARE
CODE RELATING TO THE SALARY OF THE
COUNTY COMPTROLLER OF ALL COUNTIES.
Be it enacted by the General Assembly of the State of
Delaware:
Section I. § 9306, Title 9 of the Delaware Code is amend-ed
by striking out the first paragraph thereof and inserting a
new first paragraph to read as follows
The salary of the Comptroller of New Castle County shall
be $5400 per year; the salary of the Comptroller of Kent County
shall be $3600 per year; and the salary of the Comptroller of
Sussex County shall be $3000 per year".
Approved July 11, 1955.
893
894
CHAPTER 424
SALE OF ALCOHOLIC LIQUORS
AN ACT TO AMEND CHAPTER 5, TITLE 4 OF THE DELA-WARE
CODE RELATING TO LICENSE FEES FOR SALE
OF ALCOHOLIC LIQUORS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 555 (o), Title 4 of the Delaware Code is
amended by striking out said subsection as it flows appears
and inserting a new § 555 (o) to read as follows:
For a license to import or to ship alcoholic liquor,
other than beer and wine, into this State and to sell and de-liver
such alcoholic liquor as provided in this chapter the
license fee shall be $2500; but a sale and delivery of alcoholic
liquor to pharmacists, physicians, dentists, veterinarians, whole-sale
druggists, manufacturing plants where the alcohol is used
in scientific work, or for the manufacture of pharmaceutical
products shall not be subject to the license fee of $2500.
Section 2. § 555 (p), Title 4 of the Delaware Code is
amended by striking out said subsection as it now appears
and inserting a new § 555 (p) to read as follows :
For a license to import or to ship beer into this Sfate
and to sell and deliver such beer the license fee shall be $750,
and for a license to import or to ship wine into this State and to
sell and deliver such wine the license fee shall be $750.
Approved July 11, 1955.
:17
CHAPTER 425
PREFERENCE OF CLAIMS AGAINST ESTATES
AN ACT TO AMEND CHAPTER 21, TITLE 12 OF THE DELA-WARE
CODE, RELATING TO ORDER OF PREFERENCE
OF CLAIMS AGAINST ESTATES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 2105, Title 12, Delaware Code is amended to
had as follows:
§ 2105. Order of preference of claims against estate
Executors and administrators shall pay claims against the
decedent in the following order
Widow's allowance as provided in Section 2307 of
this title;
Funeral expenses;
The reasonable bills for medicine and medical at-tendance
during the last sickness and for nursing and neces-saries
for the last sickness of the decedent;
Wages of servants and laborers 'employed in house-hold
affairs or in the cultivation of a farm; but no servant or
laborer shall be allowed this preference for more than one
year's wages;
Taxes imposed by the State of Delaware;
Rent for not exceeding one year; and this, at the
election of the party entitled, may be of rent in arrear or rent
growing due;
Judgments against the decedent, which shall include
judgments before justices of the peace and decrees of a court
of equity against him for the payment of money;
895
896 Chapter 425
Recognizances, mortgages, and other obligations of
record, for the payment of money;
Obligations and contracts under seal;
Contracts under hand for the payment of money,
or delivery of goods, wares, or merchandise;
Other demands.
Approved July 11, 1955.
CHAPTER 426
PRIMARY ELECTIONS
AN ACT TO AMEND CHAPTER 31, TITLE 15 OF THE DELA-WARE
CODE RELATING TO PRIMARY ELECTIONS
AND NOMINATIONS OF CANDIDATES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 3102, Title 15 of the Delaware Code is amend-ed
by striking out and repealing said section and by inserting
and enacting in lieu thereof a new § 3102 to read as follows :
§ 3102. Dates for holding primary elections
The time for holding any primary election, except primary
elections to nominate candidates for municipal elections, shall
be the third Saturday in August in the year in which such
primary election is held.
Section 2. § 3111, Title 15 of the Delaware Code is amend-ed
by striking out and repealing said section and by inserting
and enacting in lieu thereof a new § 3111 to read as follows :
§ 3111. Qualifications of voters
An Elector may vote in the primary election of a political
party only if he is a duly registered voter and if it appears
upon his original permanent registration record that his party
affiliation is the same as the party which is holding the pri-mary
election.
Section 3. § 3112, Title 15 of the Delaware Code is re-pealed.
Section 4. § 3121, § 3122, § 3164 and § 3170 are amended
by striking out and repealing the words "Books of Registered
Voters" and "two Books of Registered Voters" wherever those
words appear in said sections, and inserting and enacting in
lieu thereof the words "registration records".
897
898 Chapter 426
Section 5. § 3161, Title 15 of the Delaware Code is amend-ed
by striking out and repealing said section and by inserting
and enacting in lieu thereof a new § 3161 to read as follows :
§ 3161. Voting procedure
The voting procedure at any primary election shall be the
same as at any general election, except that the officers shall
first determine from the voter's original permanent registra-tion
record whether the voter's party affiliation is the same as
the party holding the primary election, and if they are not the
same, the voter shall not be permitted to vote in the primary
election. The officers shall make no entries upon the Election
District Record. The Department shall use the Voter Signature
Cards which are returned to the Department at the conclusion
of the election to determine whether or not a voter has voted
in the primary election, and the Department shall make the
appropriate notation of the fact that the voter has voted in
the primary election upon the voter's original permanent regis-tration
record in the Election District Record. The Department
shall notify the Commissioner of the names of the persons who
voted in the primary election, and the Commissioner shall cause
the punch-cards of such persons to be punched to indicate that
fact.
Section 6. § 3164, Title 15 of the Delaware Code is fur-ther
amended by striking out and repealing the words "within
two days after the day of" and by inserting and enacting in lieu
thereof the words "immediately after the close of".
Section 7. § 3103, Title 15 of the Delaware Code, is amend-ed
by striking out and repealing all of said section and substi-tuting
in lieu thereof a new § 3103 to read as follows :
§ 3103. Primary in all hundreds or districts to be on the same
day
The primary election for all political parties shall be held
in the several hundreds or districts on the third Saturday in
August of a general election year.
Chapter 426 899
Section 8. § 3105, Title 15 of the Delaware Code, is amend-ed
by striking out and repealing all of said section and substi-tuting
therefor a new § 3105 to read as follows :
§ 3105. Hours at polling places
The time for opening the polls for the purpose of conduct-ing
a primary election shall be seven o'clock in the morning
and the time for closing the polls at such primary election shall
be eight o'clock in the evening.
Section 9. § 3106, Title 15 of the Delaware Code is amend-ed
by striking out and repealing said section and by inserting a
new § 3106 to read as follows :
§ 3106. Procedure when no contest
In case there be no contest for any office in any particular
election district or districts, the Department shall be governed
accordingly and shall not hold a primary election in any such
election district or districts.
Section 10. § 3108, Title 15 of the Delaware Code is
amended by striking out said section and by inserting a new
section in lieu thereof to read as follows :
§ 3108. Notices by party authorities to governmental bodies in
regard to primary elections
Whenever a political party desires to hold a primary elec-tion,
the Chairman or Secretary of the regularly organized and
constituted County or City Committee of such political party
shall notify in writing the Department of Elections in their
county of their desire to hold a primary election which notifi-cation
shall be made by the first Saturday in August of a general
election year.
Section 11. § 3109, Title 15 of the Delaware Code is
amended by striking out all of said section and substituting
therefor a new § 3109 to read as follows :
900 Chapter 426
§ 3109. Conduct of primary elections
The county Departments of Elections and election officers
shall conduct the primary elections in every respect in the same
way that general elections are conducted and in accordance
with the applicable provisions of this title except that the
voting machines shall be operated so that the only levers open
to each voter shall be the levers for candidates of the party of
the voter's party affiliation as shown by the voter's original
permanent registration record.
In the event that there is a contest in only one party in
an election district all of the primary election officers and clerks
for that district shall be of the same party affiliation as the
party in which there is a contest, and they shall be selected by
that party's district committee and the Department shall be
notified of the names selected at least one week before the date
of the primary election. Vacancies for any reason shall be filled
by the district committee as they occur. Where there is a con-test
in more than one party in an election district the primary
election officers and clerks shall be the same as the election
officers and clerks selected for that district for the purposes of
the general election.
Section 12. § 3122, Title 15 of the Delaware Code is
amended by striking out the words "twelve o'clock" and "twelve
o'clock noon" wherever they appear and by inserting in lieu
thereof the words "seven o'clock A. M."
Section 13. § 3127, Title 15 of the Delaware Code is fur-ther
amended by striking out and repealing the words "County
Committee of the political party holding any primary election"
and by inserting in lieu thereof the word "Department".
Section 14. § 3127, Title 15 of the Delaware Code is fur-ther
amended by striking out and repealing the words "They"
and "committee" as they appear in the second sentence thereof
and by inserting in lieu thereof the words "The Department"
and "Department" respectively.
Section 15. § 3128, Title 15 of the Delaware Code is
amended by striking out and repealing said section and by in-serting
in lieu thereof a new § 3128 to read as follows :
Chapter 426 901
§ 3128. Designation of polling places
The Department shall designate the place for holding a
primary election in each election district in the same manner
as it designates polling places for a general election.
Section 16. § 3166 (b), Title 15 of the Delaware Code is
amended by striking out and repealing said subsection and by
inserting in lieu thereof a new subsection to read as follows :
(b) If any person appointed watcher so conducts himself
as to interfere with the progress of the election he may, upon
complaint made by the election officers to the Department, at
the direction of the Department be removed from the room
where such election is being held, and the candidate whose rep-resentative
the watcher so removed was, shall be without rep-resentation
during the continuance of the election.
Section 17. § 3173 (d), Title 15 of the Delaware Code is
amended by striking out and repealing said subsection and by
inserting in lieu thereof a new subsection to read as follows :
(d) In primary election districts where voting machines
are used, the total vote cast for each candidate, as recorded on
the voting machine, shall be entered by the judges holding such
primary election for such primary district on the certificates
furnished for such purpose ; each certificate shall be signed by
the Inspector, Judges and Poll Clerks, one of said certificates
together with one poll list shall be delivered by the Inspector
of the first secular day following such primary election to the
Chairman of the regularly organized County or City Committee,
as the case may be, of a political party holding such primary
election ; a certificate and all keys to the voting machines, and
one poll list shall be delivered to the Department of Elections
in an envelope furnished for that purpose ; said envelope shall
be sealed and each officer shall sign his name across the seal of
said envelope.
Section 18. § 3104, § 3141, § 3142, § 3144, § 3145 and
§ 3146, Title 15 of the Delaware Code are repealed.
902 Chapter 426
Section 19. Only persons who register in the year 1956
under the permanent registration system enacted into law dur-ing
the session of the 118th General Assembly of the State of
Delaware shall be eligible to vote in any primary election held
prior to the general election in the year 1956 and the provisions
of this Act shall apply to any primary election held during the
year 1956 any provision of § 1102 (c), Title 15, Delaware Code
to the contrary notwithstanding.
Section 20. Any act or parts of an act inconsistent with
this act are repealed to the extent of any such inconsistency.
Approved July 11, 1955.
903
CHAPTER 427
ALCOHOLIC LIQUORS
AN ACT TO AMEND CHAPTER 11, TITLE 4, DELAWARE
CODE RELATING TO ALCOHOLIC LIQUORS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 1103, Title 4, Delaware Code is amended to
read as follows :
§ 1103. Manufacture on unauthorized premises; seizure or de-struction
of liquor, apparatus and materials
All alcoholic liquor, stills and other apparatus, tubs, bar-rels,
containers and paraphernalia of any character, and all
mash, wort or wash, used or useful in connection with the man-ufacture
of alcoholic liquor which are upon the premises wherein
or whereon are committed any offense defined in section 905 of
this Title, shall be seized by the officers apprehending the same
and disposed of as provided in this section. The officers finding
the same may forthwith destroy any or all mash, wort or wash
upon the premises, and any or all stills or other apparatus, tubs,
barrels, containers and paraphernalia so found. The officer or
officers destroying any property shall forthwith report the same
to the Commission and in such report shall itemize all property
destroyed and the estimated value thereof and shall state the
names of the persons in whose presence such act or acts of
destruction were performed. The report shall be witnessed by
at least two responsible persons other than the officer or officers
performing such act or acts of destruction. The Commission
may sell any property of value go seized to any person or persons
desiring to purchase same, who in the opinion of the Commission
will not utilize same in connection with any violation of this
chapter. The proceeds from such sale shall be deposited in the
General Fund of the State of Delaware.
Approved July 11, 1955.
904
CHAPTER 428
ELSMERE
AN ACT TO RE-INCORPORATE THE TOWN OF ELSMERE,
NEW CASTLE COUNTY.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all Members elected to each House
concurring therein):
Section 1. INCORPORATION
The municipal corporation of the State of Delaware now
known as "The Commissioners of Elsmere" shall hereafter be
known as "The Town of Elsmere" and the inhabitants thereof
within the corporate limits as defined in Section 2 of this Act
or subsequently altered by annexation procedures shall, under
the name of "The Town of Elsmere", continue to be a municipal
body politic in perpetuity.
Section 2. BOUNDARIES
The boundaries of the Town of Elsmere shall continue as
heretofore existing under the Charter of "The Commissioners
of Elsmere" immediately prior to the enactment of this char-ter.
The Council of the Town of Elsmere may at any time here-after
cause a survey and plot to be made of said Town and the
said plot, when made and approved by the Council, shall be
recorded in the Office of the Recorder of Deeds in and for New
Castle County, State of Delaware, and the same or the record
thereof, or a duly certified copy *of the said record shall be evi-dence
in all courts of law and equity in this State.
Section 3. ANNEXATION
If and when a majority of the property owners in territory
contiguous to the Town of Elsmere shall sign a petition seeking
to have the areas in which said property owners reside annexed
to the Town of Elsmere and submit the petition together with a
Chapter 428 905
survey of the areas proposed for annexation to the Council of
the Town of Elsmere, the said Council shall submit the ques-tion
of annexation to the voters of the Town of Elsmere. If a
majority of the said voters, at a special election held for that
purpose, shall vote in favor of the proposed annexation, then
the said area, as shown on the said survey, shall become and be
a part of the Town of Elsmere. The annexed area shall become
and be a part of the district to which said area is contiguous.
If the annexed area is contiguous to more than one district,
the annexed area shall become a part of the district with which
it has the longest common boundary.
Section 4. DISTRICTS
The Town of Elsmere shall be divided into six districts as
follows:
BEGINNING at a point in the center of New Road
and the intersection of Ohio Avenue ; thence in a southerly direc-tion
along the center line of Ohio Avenue and Ohio Avenue ex-tended
to its junction with Mill Creek ; thence in a northeasterly
direction along Mill Creek to its junction with Silverbrook ;
thence in a northerly direction along the center of Silverbrook,
by its several courses, to a point in the division line between
lands now or lately of the estate of Dr. J. P. Stidham and the
northerly side or the right of way of the old Delaware & Western
Railroad ; thence northwesterly along the right of way of the
said Railroad to its junction with the boundary of the City of
Wilmington ; thence in a northwesterly and northeasterly di-rection
to a point at the junction of the northerly boundary of
the Town of Elsmere ; thence in a northwesterly direction along
the northern boundary line of the Town of Elsmere to its inter-section
with N. duPont Road ; thence in a southerly direction
along the center line of N. duPont Road to its intersection to
New Road ; thence in a westerly direction along the center line
of New Road to its intersection with Ohio Avenue, the point
of beginning.
BEGINNING at a point in the center of New Road
at its intersection with Ohio Avenue ; thence in a southerly
direction along the center line of Ohio Avenue, extended, to its
906 Chapter 428
junction with Mill Creek ; thence in a southwesterly direction
along the course of Mill Creek to its junction with Birch Avenue
and Birch Avenue, extended ; thence in a northerly direction
along the center line of Birch Avenue, extended, crossing Wil-mington
Avenue, and continuing on Birch Avenue, extended,
to its intersection with New Road ; thence in an easterly direc-tion
along the center line of New Road to its intersection with
Ohio Avenue, the place of beginning.
BEGINNING at a point in the center of New Road
at its intersection with Birch Avenue, extended ; thence in a
westerly direction along the center line of New Road to its
intersection with Tamarack Avenue ; thence in a southerly direc-tion
along the center line of Tamarack Avenue, extended, to its
junction with the right-of-way of the Baltimore & Ohio Rail-road
; thence in a westerly direction along the center of the
right-of-way of the Baltimore & Ohio Railroad to its junction
with Mill Creek ; thence southerly and southeasterly along the
Course of Mill Creek to its junction with Birch Avenue, extend-ed,
crossing Dover Avenue, and continuing on Birch Avenue,
extended, crossing Wilmington Avenue, to its intersection with
New Road, the place of beginning.
BEGINNING at a point in the center of New Road
and its junction with Tamarack Avenue; thence southerly along
the center of Tamarack Avenue and Tamarack Avenue, extend-ed,
to its intersection with the center of the right-of-way of
the Baltimore & Ohio Railroad; thence in a southwesterly direc-tion
along the center of the right-of-way of the Baltimore &
Ohio Railroad to its junction with Mill Creek ; thence in a north-erly
direction along the center of Mill Creek to its junction with
Chestnut Run (West Branch) ; thence along Chestnut Run, by
its several meanderings, to its intersection with New Road;
thence easterly along the center of New Road to its junction
with Tamarack Avenue, the point of beginning.
BEGINNING at a point in the center of New Road
as its intersection with Chestnut Run (West Branch) ; thence
in an easterly direction along the center line of New Road to its
intersection with Sanders Road, extended, Vilone Village ; thence
in a northerly direction along the center line of Sanders Road,
Chapter 428 907
crossing Olga Road, and continuing to its intersection with the
Northerly boundary of the Town of Elsmere; thence in a wester-ly
direction, along the meanderings of the Northerly boundary
of the Town of Elsmere to its intersection, extended, with
Chestnut Run (West Branch) ; thence in a southwesterly direc-tion
along the center line of Chestnut Run to its intersection with
the center line of New Road, the place of beginning.
(6) BEGINNING at a point in the center of New Road
at its intersection with the center line of Sanders Road, extended,
Vilone Village ; thence in a northerly direction along the center
line of Sanders Road, crossing Olga Road, and continuing to its
intersection with the Northerly boundary of the Town of Els-mere
; thence in an easterly direction along the meanderings
of the Northerly boundary of the Town of Elsmere to its inter-section
with the center line of North duPont Road ; thence in a
southerly direction along the center line of North duPont Road
to its intersection with the center line of New Road ; thence in
a westerly direction along the center line of New Road to its
intersection with Sanders Road, extended, Vilone Village, the
place of beginning.
Section 5. STRUCTURE OF GOVERNMENT
The Government of the Town and the exercise of all powers
conferred by this Charter, except as otherwise provided herein
shall be vested in a Mayor and a Town Council. The Mayor
shall be elected at large by the qualified voters of the Town.
One member of the Town Council shall be elected, by the qualified
voters of each district.
The Mayor and Council under this Charter shall first be
elected on the last Saturday in June, 1955, to serve until their
respective successors have been elected and qualified. The next
regular municipal election of Mayor and Council after June
of 1955 shall be held on the last Saturday in April of 1957, and
regular municipal elections of Mayor and Council shall be held
on the last Saturday in April of odd-numbered years thereafter.
Section 6. POWERS OF THE TOWN
The Town of Elsmere shall have all the powers granted to
municipal corporations by the Constitution and general laws of
908 Chapter 428
the State of Delaware, together with all the implied powers ex-pressly
granted. The Town of Elsmere shall continue to enjoy
all powers which have been granted to it by special Acts of
the General Assembly of the State of Delaware, except insofar
as they may be repealed by the enactment of this Charter. The
Town of Elsmere as a body politic and corporate shall succeed
to, own or possess all property, whether real, personal or mixed,
and all rights, privileges, franchises, powers and immunities
now belonging to, possessed by or enjoyed by the former corpor-ation,
known as "The Commissioners of Elsmere", without the
necessity of any deeds or instruments of conveyance or transfer.
The Town of Elsmere may have and use a corporate seal,
may sue and be sued, may acquire property within or without
its corporate limits by purchase, gift, devise or lease for the
purpose of providing sites for public buildings, parks, sewer
systems, sewage treatment plants, water systems, water plants,
or other municipal purposes except gas, telephone or electric
systems ; and may sell, lease, mortgage, hold manage and control
such property or utility as its interests may require; and except
as prohibited by the Constitution or laws of the State of Dela-ware
or restricted by this charter the Town of Elsmere shall
and may exercise all municipal powers, functions, rights, privil-eges
and immunities of every name and nature whatsoever.
The enumeration of particular powers in this Charter shall
not be held or deemed to be exclusive but, in addition to the
powers enumerated herein, implied thereby, or appropriate to
the exercise thereof, it is intended that the Town of Elsmere
shall have and may exercise all powers which, under the Con-stitution
of the State of Delaware, it would be competent for
this Charter to specifically enumerate. All powers of the Town,
whether express or implied shall be exercised in the manner
prescribed by this Charter, or if not prescribed herein, then in
a manner provided by ordinance or resolution of the Council.
Section 7. QUALIFICATIONSMAYOR AND COUNCIL
Any qualified voter of the Town of Elsmere who has at-tained
the age of twenty-one years in the case of councilman,
and thirty years in the case of the Mayor, and who has not
Chapter 428 909
been convicted of a felony or a crime involving moral turpitude
and who has owned real property in the Town of Elsmere for
at least one year next preceding his election and who has paid
all Town taxes and special assessments theretofore assessed
against him shall be eligible for the office of Mayor or Council-man
; provided that any person elected to Council must at the
time of his election reside in the district from which elected.
Loss of residence in the Town or in the district from which
elected, or conviction of a crime, as above, during tenure of
office shall create a vacancy. In case of vacancy for any cause,
a special election, conducted in the same manner as a regular
election, except that the nominating petitions shall be filed
not later than ten days before the date of the special election,
shall be held within 30 days after the occurrence of the vacancy,
as may be proclaimed by the Council; provided, however, that
if the vacancy occurs within 90 days of a regular election, the
vacancy shall not be filled.
Section 8. COMPENSATION
The Mayor shall receive an annual salary of Three Hundred
Dollars ($300.00). Each Councilman shall receive an annual
salary of Two Hundred Fifty Dollars ($250.00) each. The said
salary shall be paid in equal monthly installments.
Section 9. MEETINGS OF COUNCIL
The Council of the Town of Elsmere shall take office on
the Monday following the regular municipal election, shall hold
an organization meeting in the evening of the next Thursday
at which a President Pro Tempore shall be elected by the
Council from among the members of the Council, and shall
meet regularly at least once a month thereafter. Special meet-ings
may be called by the Mayor and shall be called upon the
written request of any three members of the Council. At least
two days' written notice of special meetings shall be given to
each Councilman, provided that if all the Councilmen shall
sign a waiver of notice of a particular special meeting, then
the notice aforesaid shall not be a prerequisite to the validity
of such special meeting. All meetings of the Council shall be
open to the public.
910 Chapter 428
Section 10. MAYOR'S RELATIONSHIP TO COUNCIL
The Mayor shall be the executive of the Town. He shall
preside at meetings of the Council, but shall have no vote
therein, except in case of ties. He shall execute on behalf of
the Town, when authorized by Council, all agreements, con-tracts,
bonds, deeds, leases, and other documents necessary to
be executed. He shall appoint from among those residents of
the Town who have resided in the Town for at least two years,
and who are not members of the Council, by and with the con-sent
of a majority of the Town Council, the Chief of Police, the
members of the Zoning Commission, the members of the Park
and Playground Committee, and all members of the Police
force. He shall countersign all orders, checks or warrants au-thorized
by Council and drawn on the Treasurer for payment
of money ; and shall have all and every power conferred and
perform all duties imposed upon him by this Charter and the
ordinances of the Town.
In case of the temporary absence or inability to act of the
Mayor, the President Pro Tempore shall act during such tem-porary
absence or inability of the Mayor. The President Pro
Tempore, when lawfully acting as Mayor shall have all the pow-ers
conferred upon the Mayor by this Charter.
In the event that the Mayor becomes disqualified from
holding office by reason of resignation, death, removal from the
Town, conviction of a felony, or malfeasance in office, the Pres-ident
Pro Tempore shall succeed to the office of Mayor for the
balance of the unexpired term. The succession of the President
Pro Tempore to the office of Mayor shall create a vacancy in
the Council.
Section 11. POWERS OF COUNCIL
The Council shall constitute the legislative body of the
Town of Elsmere. It shall have power to adopt ordinances
relating to the health of the population of the Town or to pre-vent
the introduction or spread of communicable diseases or
nuisances affecting the Town. The Council may also pass ordi-nances
to ascertain and fix boundaries of streets, squares, lanes
Chapter 428 911
and alleys ; or repair and amend the same and provide for the
paving thereof, or to alter, extend or widen any street, square,
lane or alley, to open and lay out new ones subject to provisions
in that behalf hereinafter contained ; to regulate the ascent
and descent of all streets, lanes and alleys ; to fix the building
lines on the same ; to direct the paving of footways and to pre-scribe
the width thereof; to direct the laying out of gutters
and prescribe the depth thereof ; to prescribe the extent of
porches, cellar doors and other inlets to yards and buildings ;
to provide police and lighting of streets at the expense of the
Town, and generally to prescribe and regulate the streets, lanes
and alleys of the Town and to have and exercise control of the
same; subject to the provisions in that behalf hereinafter con-tained;
to provide for the regulation of auctions and auctioneers
and public amusements ; to provide for the safety of the citi-zens
and for that purpose to prescribe the heights, thickness
of walls of buildings and the mode of erecting same in said
Town and to prescribe rules and regulations directed toward
the prevention of fires and explosions, and make provisions for
the enforcement of said regulations ; to adopt municipal zoning
regulations ; to adopt traffic regulations, to regulate itinerant
peddlers and canvassers within the Town ; to provide for the
repair and maintenance of sidewalks ; to regulate the sale of
goods, wares and merchandise on the streets and sidewalks
within the Town and fix the license fee thereof and to license the
conduct of business generally within the Town, charging there-for
a license fee which shall be not less than one dollar nor
more than twenty dollars per annum ; to regulate signs and bill
boards and to provide for permits for the erection and mainte-nance
thereof ; to provide for the measuring or weighing of
coal, lime, grain or other matter sold in the said Town. They
shall have the power to lay and collect fines on the owners of
any horse, cow, dog, or animal which may be found at large in
any of the streets, squares, lanes, alleys, aforesaid, and in
general to have power to do all those matters and things for
the well-being of said Town and the inhabitants thereof, which
shall not be in contravention of any existing laws of this State
or the Constitution thereof. Except as hereinafter provided,
the Council shall not have the power to exempt any individual
from the operation of any general ordinance or municipal regu-lation.
912 Chapter 428
The Council shall have all other powers requisite to and
appropriate for the government of the Town of Elsmere, its
peace and order, its sanitation and beauty, and for the health,
safety, convenience, comfort and well-being of its population
and for the protection and preservation of public and private
property.
Section 12. JUDGE OF THE QUALIFICATIONS OF
MEMBERS
The Council shall be the judge of the election and qualifi-cation
of its members and for such purpose shall have power
to subpoena witnesses and require the production of records
and, in the event that special proceedings may be necessary to
determine or establish such qualifications, shall keep a record
of such proceedings, which record shall be subject to review
by the Superior Court of the State of Delaware in and for New
Castle County.
Section 13. RULES OF PROCEDURE; RECORD
The Council shall determine its own rules of procedure
and order of business. It shall keep a record of its proceedings
and the record shall be open to public inspection. Elections for
officers shall be by a majority vote of the members elected to
Council and the results shall be entered on the record of Coun-cil.
Section 14. QUORUM AND MAJORITY REQUIREMENT
A majority of the members elected to the Council shall
constitute a quorum to do business but a smaller number may
adjourn from time to time and may compel the attendance of
absent members in such manner and under such penalties as
may be prescribed by ordinance. No ordinance shall be valid
unless it shall have the affirmative vote of the majority of the
members elected to the Council. Resolutions, orders and motions
shall be valid upon the affirmative vote of a majority of the
members of the Council present. No member shall be excused
from voting on ordinances, resolutions, orders or motions.
In addition to such acts of the Council as are required by
this Charter or by other State Law to be by ordinance, every
Section 15. ORDINANCES
Chapter 428 913
act of the Council establishing a fine or other penalty shall be
by ordinance. The enacting clause of all ordinances shall be
"Be it ordained by the Council of the Town of Elsmere as fol-lows".
Section 16. PROCEDURE FOR ENACTING ORDI-NANCES
Every ordinance shall be introduced in writing. No ordi-nance
shall be passed unless it shall have the affirmative vote
of a majority of the members elected to the Council and unless
it shall have been considered at two regular stated meetings.
Vote on any ordinance shall be by voice vote and shall be enter-ed
on the record of Council.
Section 17. ORGANIZATION CHANGES BY COUNCIL;
VACANCIES
The enumeration of certain officials in the Charter to be
appointed by the Council is not to be construed as a limitation
on the power of the Council to create such new positions or
offices as may be deemed essential to accomplish the objectives
of the Town's government, and to provide for the selection of
suitable persons to fill any positions or offices.
All vacancies in appointive offices shall be filled by a
majority vote of the whole Council for the unexpired term.
Section 18. THE SECRETARY
The Secretary shall record or cause to be recorded all of
the proceedings of the Council and keep a correct record of the
same in a book to be provided for that purpose, and shall file
and keep in a safe place the seal of the Town and all papers and
documents relative to the affairs of the Town ; and shall deliver
the same to his successor in office. The Secretary shall attest the
seal of the Town when authorized by Council and shall perform
such duties and have such other powers as may be prescribed
by Council. All records, books, papers and documents in the
custody of the Secretary shall be always open for the inspec-tion
of the Council and the public under such regulations as
Council may prescribe. The Secretary may be a member of the
914 Chapter 428
Council. He shall be elected by a ballot or voice vote at the
biennial organization meeting for a period of two years or
until his successor is duly elected and qualified.
Section 19. THE SOLICITOR
At the biennial organization meeting the Council shall
elect by ballot or voice vote a Town Solicitor for a term of six
months or until his successor shall have been duly elected and
qualified. The Town Solicitor shall be a member of the Bar of
the State of Delaware ; it shall be his duty to give legal advice to
the Council and other officers of the Town, and to perform such
other legal service as may be required of him by the Council.
The manner and amount of his compensation shall be as deter-mined
by the Council.
Section 20. THE MAYOR
The Mayor shall have been a resident of the Town for three
years and a property owner in the Town for one year, and not
less than 30 years of age at the time of his election. He shall
be elected at large at the biennial Town election and shall serve
for a term of two years or until his successor shall be duly
elected and qualified, but the first Mayor elected under this
Charter shall serve from the date of his qualification until the
qualification of his successor after the election of April, 1957.
Before entering upon the duties of his office he shall be sworn
or affirmed by a Justice of Peace, or by a notary public, to per-form
the duties thereof honestly, faithfully and diligently. The
Mayor shall have and exercise, within the limits of the Town,
all the powers, authorities, jurisdiction and cognizance of a
Justice of the Peace of and over all breaches of the peace and
other offenses within the said Town, with power to arrest and
hold for bail, or fine and imprison all offenders, and of and over
all fines, forfeitures and penalties which may be prescribed by
any law of this state or by ordinances of the Town Council regu-larly
passed and enacted for the government of the said Town ;
provided that he shall have no jurisdiction in any civil matter
other than to carry out the provisions of this Act and of the
rules and regulations that may be adopted for the government
of said Town by the persons authorized to adopt the same under
Chapter 428 915
this Act. The fees of said Mayor shall be the same as are allow-ed
Justices of the Peace for similar services under the law of
this State ; provided that there shall be no Constables' fees. It
shall be the duty of the Mayor to keep a book or docket to be
called the "Mayor's Court Docket of Elsmere" to be provided
by the Council, in which all his official acts shall be entered,
which docket may be inspected from time to time by the Council,
and he shall upon expiration of his term of office deliver over
to his successor all the books, papers, etc., pertaining to his
office within ten days after the election and qualification of such
successor, and in default of so doing he shall forfeit and pay for
the use of the Town the sum of twenty-five dollars ($25.00) to
be recovered before the succeeding Mayor or any Justice of the
Peace residing in said Town or in Christiana Hundred.
The Mayor shall submit to the Council at each regular
meeting thereof a report of all fines and costs collected by him
during the ensuing period, and shall pay over to the Council all
such fines as well as costs whereupon the Council, if it be satis-fied
with his report, shall pay to him the amount of said costs
in the same manner as other disbursements are allowed and
paid. Failure by the Mayor to pay over said fines and costs or
failure to make a report to the Council as aforesaid shall con-stitute
a misdemeanor, which shall be cognizable before any
Justice of the Peace resident in New Castle County and shall
be punished by a fine of not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00).
The conviction of the Mayor of any felony or of any mis-demeanor
relating to the conduct of his office shall result in
an automatic forfeiture of his office, which shall thereupon be
vacant.
Section 21. THE TREASURER
The Treasurer shall be elected at large for the same term
as the Mayor, as provided in Sections 5 and 20. He shall be
custodian of all funds of the Town of Elsmere and shall deposit
them as received in such banking institutions as may be desig-nated
by the Council.
He shall not pay out any money except upon check or war-rant
countersigned by the Mayor and authorized by the Council.
He shall attend all meetings of the Council.
916 Chapter 428
The Treasurer shall, before entering upon the duties of his
office, give bond to the Town of Elsmere with surety to be
approved by the Council in the penal sum of double the amount
of what may reasonably be expected to come into his hands,
conditioned for the faithful discharge of the duties of his office
and for the delivery to his successor in office all books, papers,
etc., relating to his said office and all sums of money belonging
to said Town which may remain in his hands upon the termin-ation
of his office. The cost of said bond shall be paid by the
Town of Elsmere. If the Treasurer shall fail to give bond as
required by this section, he shall thereby and thereupon forfeit
his office and the same shall become vacant, in which case the
Council shall appoint some qualified person to serve for the un-expired
term. The compensation of the Treasurer shall not ex-ceed
Two Hundred and Fifty dollars ($250.00) per year, but
may be paid in equal monthly payments. The salary paid to
any one Treasurer shall not be decreased during his current
term of office.
Section 22. THE ASSESSOR
The Assessor shall be eletced at large at the biennial Town
election for the same term as the Mayor, as provided in Sections
5 and 20. His duties shall consist of keeping the records of the
assessed values of real property situated within the limits of
the Town and re-assessing the said realty from time to time
when, by reason of improvements, demolitions, depreciation, sub-division,
or any other cause he shall, in the reasonable exercise
of his discretion, deem that changes in the assessments of any
or all of said realty are proper. The general assessment last
made prior to the enactment of this Charter shall constitute
and be the assessment of all real property situate within the
said Town for the purpose of the Town taxes to be levied for
the fiscal year 1955-56, and any change made therein shall not
affect the levy of taxes for said year. Thereafter the assessment
books shall be closed on the 15th day of April of each year and
the taxes levied for the ensuing fiscal year shall be based on
the assessments as of said date.
The Assessor may, in his discretion, be guided by the
assessment of real property within the said Town by the New
Castle County Board of Assessment.
Chapter 428 917
The compensation of the Assessor shall not exceed Three
Hundred dollars ($300.00) per year but may be paid in equal
monthly payments. The salary paid to any one Assessor shall
not be decreased during his current term of office.
The Council may, in its discretion, appoint one or more
persons to assist the Assessor in the performance of his duties.
Section 23. POLICE
It 'shall be the duty of the Mayor to appoint, by and with
the consent of the Council, a police force consisting of a chief
and such number of subordinates as the Council shall determine ;
and the Council shall from time to time make rules and regu-lations
as may be necessary for the organization, government
and control of the police force. The chief and members of the
police force may be removed by the Council, subject to the pro-visions
of Section 25. They shall preserve peace and order and
shall compel obedience, within the Town limits, to the ordi-nances
of the Town and the laws of the State of Delaware ; and
they shall have such other duties as the Council may from time
to time prescribe. They shall execute within the Town limits,
criminal process issued by any Justice of the Peace of New
Castle County.
Each member of the police force shall be vested with all
the power and authority, within the Town limits, which are now
or may hereafter be conferred upon any peace officer by the
laws of the State of Delaware. In furtherance, and not by way
of limitation of the foregoing powers, they may.carry firearms,
and in case of fresh pursuit of an offender, their power and
authority shall extend to any part of the State of Delaware.
They shall be authorized to transport prisoners, lawfully de-tained,
without the limits of the Town of Elsmere, and with
respect to any such prisoner or prisoners shall have all of the
power and authority which they would have while transporting
such prisoner or prisoners within the limits of the Town. While
on duty, whether within or without the limits of the Town of
Elsmere, the members of the said police force shall have the
power to arrest upon view for any felony or breach of the peace.
The Mayor by and with the consent of Council, may appoint
special members of the police force with the same powers and
duties as regular members of the police force.
918 Chapter 428
Section 24. BOARD OF HEALTH
At the biennial organization meeting the Council shall ap-point
a Board of Health consisting of three members, one of
whom shall be a practicing physician in the Town of Elsmere,
if there be one available; or if not, a practicing physician in
New Castle County. The Board shall serve for two years, shall
have cognizance of the interests of life and health within the
Town and that of the people residing within one-quarter mile
of the boundaries of said Town, except where such area outside
of the Town may lie within the jurisdiction of another munici-pality.
The Board of Health shall report to the Council monthly
in writing whatever is deemed by the Board to be injurious to
the health of the Town, and shall also make recommendations
to the Council of whatever may contribute to useful sanitary
information. The Board shall also have all powers and duties
enumerated by the laws of the State of Delaware for local boards
of health.
Section 25. COMPENSATION OF OFFICERS AND EM-PLOYEES
The Council shall have power to fix the compensation of
all officers elected by ballot at the annual organization meeting,
and such other officers, employees and agents of the Town,
which by it may be deemed proper and necessary for the proper
conduct and management of the Town. Any officer or employee
may be removed by the Council for sufficient cause; however,
after five years' service removal may not be made without a
public hearing.
Section 26. BONDING OF CITY OFFICIALS AND EM-PLOYEES
The Mayor, the Town Treasurer, the Tax Collector, and
such other officers and employees of the Town of Elsmere as
the Town may require, shall give bonds for the faithful per-formance
of their duties in such amounts and with such surety
as may be approved by the Council or otherwise provided
herein. The premiums on such bonds shall be paid by the Town
of Elsmere. Failure to give such bond, with surety, shall work
an automatic forfeiture of office and the vacancy created thereby
shall be filled as herein provided in the case of other vacancies.
Chapter 428 919
Section 27. OATH OF OFFICE
Every member of the Council, the Town Treasurer, Tax
Collector, the heads of all Town departments, and such other
officials or employees as Council may by ordinance require, shall,
before entering upon the duties of their office, take and sub-scribe
to the following oath or affirmation, to be filed and kept
in the office of the Secretary:
"I do solemnly swear (or affirm) that I will support the
Constitution of the United States, and the Constitution
of the State of Delaware, and that I will faithfully dis-charge
the duties of the office of
according to the best of my ability."
The Mayor, Members of Council, and Secretary of the
Council shall have the power to administer oaths required by
this Charter.
Section 28. FISCAL YEAR
The fiscal year of the Town of Elsmere shall begin on the
first day of July of each year and shall end on the last day of
June. Such fiscal year shall also constitute the budget and
accounting year, except as otherwise provided herein.
Section 29. BUDGET
Annually each year and not later than the first Thursday
in June the Council shall cause to be submitted a budget con-taining
a financial plan for conducting the affairs of the Town
for the ensuing fiscal year.
The budget shall contain the following information :
(1) A detailed estimate of the expense of conducting each
department and office of the Town for the ensuing fiscal year ;
provided that the Council may, if it deems fit, break down such
estimate in some appropriate manner other than by depart-ments
or offices.
920 Chapter 428
The value of supplies and materials on hand, together
with the nature and kind of any machinery or other implements
and the condition thereof.
The amount of the debt of the Town, together with
a schedule of maturity of bond issues.
Council shall allow adequate reserve for deprecia-tion.
A statement of the amount of interest on the bonded
debt, the amount necessary to pay any bond maturing during
the year, and the amount required for the sinking fund, if any.
An estimate of the amount of money to be received
from taxes and all other anticipated income of the Town from
any source or sources.
The budget shall be used as a guide in determining Town
expenditures but shall not be a limitation upon the power of
the Council to appropriate funds in excess of the amounts set
forth in the budget, if in its discretion it seems advisable to
do so.
Section 30. INDEPENDENT ANNUAL AUDIT
At least once in any given year the Council shall designate
a certified public accountant or firm of certified public account-ants
who shall make an independent audit of accounts and other
evidence of fiscal transactions of the Town government and
shall submit their report to the Council. In election years this
audit shall be made as of the last day of the terms of the Mayor
and Council. The said accountants shall have no personal in-terest
direct or indirect in the fiscal affairs of the Town govern-ment
or any of its officers. They shall not maintain any ac-counts
of the Town business, but shall within specified limits
approved by the Council audit the books and documents of the
,
Treasurer or other appropriate officer or any separate or sub-ordinate
accounts kept by any other office, department or agency
of the Town government. When received, the report of the
auditors shall become part of the minutes of the Council, and
Chapter 428 921
shall be available for inspection by any citizen of the Town at
such reasonable times as may be determined by the Council.
Section 31. POWER TO RAISE REVENUE
The Council shall have the power to levy and collect taxes
on real property within the limits of the Town, except that
which is not assessable and taxable by virtue of any law of the
State of Delaware ; provided that the amount so collected shall
not exceed Seventy-Five Thousand dollars ($75,000.00) in any
one fiscal year clear of all delinquencies and expenses of collec-tion.
The Council shall have the right to grant and refuse and
to charge fees for licenses or permits for traveling shows and
other business of any description within the limits of the Town.
The Council shall also have the power to collect franchise fees
and to impose sewer rentals on sanitary sewers.
The Council may, in its discretion, exempt from Town tax-ation
any manufacturing plant employing fifty or more em-ployees
hereafter established within the Town of Elsmere or
brought within the boundaries of the Town by virtue of any
annexation for a period of ten years from the time said plant
is established or brought within the boundaries of the Town of
Elsmere.
The Council shall have the power by ordinance to allow
for discounts for early payment of taxes, to inipose reasonable
penalties, interest and forfeitures for tax delinquencies and to
review and determine proper and appropriate properties to be
exempt from taxation.
The Council shall have the power to fix the rates for gen-eral
utility services operated by the Town and to collect and
utilize revenues from such utility services for the benefit of the
Town.
Section 32. THE TOWN MAY ENGAGE IN BUSINESS
Except as prohibited by the Constitution of the State of
Delaware or by this Charter, the Town of Elsmere shall have the
right to engage in any business or enterprise in which a person,
922 Chapter 428
firm, or corporation may engage; and shall have the right to
purchase, own and maintain within or without the corporate
limits of such Town, all real estate for municipal purposes for
sites and rights-of-way for public buildings, parks, sewer sys-tems,
sewerage treatment plants, water systems, water plants
or other municipal purposes for the location, erection and main-tenance
thereon of public facilities for the uses aforesaid.
In any case where the Council may deem it to be to the
best interests of the people of the Town of Elsmere to acquire
properties of any privately owned sewer system, sewerage treat-ment
plant, water system or water plants used for municipal
purposes within the present or future boundaries of the Town,
the question shall be submitted to a vote of the residents of the
Town of Elsmere. Council may at any time, call a special elec-tion
for such purposes upon thirty (30) days' notice. In ac-quiring
said utility property, the Town of Elsmere shall in all
respects adhere to the general laws of the State of Delaware
insofar as they relate to the purchase of utility properties here-tofore
described by municipalities. The Town Council shall be
authorized to negotiate the aforementioned purchase only upon
the approval of a two-thirds majority of the voters of the Town
of Elsmere.
Section 33. POWER TO BORROW MONEY
The Town of Elsmere may incur indebtedness by issuing
either general obligation bonds or certificates of indebtedness
secured by the full faith and credit of the Town of Elsmere or
revenue bonds, either in whole or in part of the total amount
necessary to provide funds for the erection, extension, enlarge-ment
or repair of any plant, machinery, appliances or equipment
for the furnishing of water to the public, for the construction,
repair, or improvement of highways, streets or lanes, or the
paving, curbing or erection of gutters along the same; for the
construction or repair of sewers or sewage disposal equipment ;
or to defray the cost of the share of the Town of Elsmere in
the cost of any permanent municipal improvement. If general
obligation bonds are issued, the total outstanding debt secured
by such bonds shall not exceed 3% of the aggregate assessed
value of real property in the Town.
Chapter 428 923
If revenue bonds are issued, each such bond shall recite in
substance that said bond, including interest thereon, is payable
from the revenue pledged to the payment thereof, and that said
bond does not constitute a debt of the Town of Elsmere within
the meaning of the Bonded indebtedness limitation. If revenue
bonds are issued, the Council shall prescribe and collect reason-able
rates, fees or charges for the service, facilities and accom-modations
of said undertaking and shall revise such rates, fees
or charges from time to time whenever necessary so that such
undertaking shall be and always remain self-supporting. The
rates, fees or charges prescribed shall be such as will procure
revenue at least sufficient (a) to pay when due all bonds and
interest thereon, for the payment of which such revenue is or
shall have been pledged, charged or otherwise encumbered, in-cluding
reserves therefor, and (b) to provide for all expenses
of operation and maintenance of such undertaking, including
reserves therefor.
Before the Town of Elsmere may incur indebtedness by the
issuance of bonds as aforesaid, the borrowing of money shall
have been authorized by the Council and shall have been ap-proved
in the following manner:
The Council shall by resolution propose to the resi-dents
of The Town of Elsmere the purpose or purposes for which
the stated amount of money shall be borrowed. The resolution
shall state the amount of money desired to be liorrowed, the
purpose for which it is desired, the manner of securing the same,
and all other pertinent facts relating to the loan, including data
on total related debt and the debt limitations established by this
Charter ; shall fix a time and place for hearing on the resolu-tion;
and shall provide for publication of an announcement of
the hearing in a newspaper of general circulation in New Castle
County at least one week prior to the hearing date.
A public hearing shall be held at which time all in-terested
persons wishing to be heard shall be given an oppor-tunity
to express their views. Their testimony shall be con-sidered
in evidence by the Council.
If Council desires to continue with the bond pro-ceedings,
it shall then, by resolution, direct that the question
924 Chapter 428
be submitted to a referendum. An election shall be held not
less than 30 days nor more than 60 days after the date of such
resolution.
The Council shall cause notice of the time and place
for holding the said referendum to be printed in a newspaper of
general circulation in New Castle County once each week for
three successive weeks prior to the referendum.
The Council shall cause to be prepared, printed, and
made available for distribution a sufficient number of ballots not
less than five days prior to the day of the referendum. At said
referendum only qualified voters of the Town of Elsmere shall
be entitled to vote. The Council shall, by resolution, make such
further regulations for the conduct of the referendum as it deems
appropriate.
The officers of election shall count the votes for and
against the proposed loan and shall announce the result thereof ;
shall make a certificate under their hands of the number of
votes cast for and against the proposed loan ; and shall deliver
the same to the Council, which certificates shall be entered on
the minutes of the Council, and the original shall be filed with
the papers of the Council. Provided, however, that no bond issue
shall be deemed approved unless two-thirds of .those voting at
such referendum shall vote for such bond issue.
The form of the bonds and certificates of indebtedness,
the date of payment of interest, the classes, the dates of maturity,
and the provisions pertaining to the registration shall be deter-mined
by the Council. The bonds shall be sold to the highest
bidder after at least one month's notice published at least twice
in a newspaper of general circulation in New Castle County and
at least once in a publication carrying municipal bond notices
and devoted primarily to financial news. The Council shall pro-vide,
in its budget, for revenues sufficient to pay the interest and
principal on the said bonds or certificates of indebtedness at the
maturity or maturities therefor. The faith and credit of the
Town of Elsmere shall be deemed pledged .for the due payment
of the principal and interest of general obligation bonds issued
within the prescribed debt limitation when the same have been
properly executed and delivered for value.
Chapter 428 925
Section 34. BORROWING, FOR CURRENT EXPENSES
Whenever the needs of the Town shall require more money
than is, at the time, in the Town Treasury from current receipts,
the Council shall be authorized and empowered to anticipate
current revenue by borrowing such amounts as are needed. Pro-vided,
however, that the amount of such indebtedness shall
not at any time exceed the sum of Ten Thousand Dollars
($10,000.00).
To exercise the power aforesaid the Council shall adopt a
resolution to that effect. The indebtedness created under this
provision shall be evidenced by notes of the Town, and the faith
and credit of the Town shall be deemed to be pledged thereby.
Such short term debt shall have a maturity of six months or
less, and shall not be considered as part of the bonded debt of
the Town when limitations under indebtedness as set forth else-where
in this Charter, are computed.
Section 35. VOTER QUALIFICATIONS
Every person domiciled in the Town of Elsmere who shall
have reached the required age to vote in State elections, who is
a citizen of the United States and who has been domiciled in
the State of Delaware for at least one year and in the Town of
Elsmere for at least thirty (30) days preceding the election,
and whose name is recorded in the registration books of the
Town of Elsmere shall be entitled to vote at the biennial munici-pal
elections, special elections, and referenda, except as other-wise
provided in this Charter.
The registration list of the New Castle County Department
of Elections for each district in the Town of Elsmere shall be
copied into the registration books of the Town of Elsmere after
each General Election in New Castle County.
The Council shall by ordinance provide for the supplemental
registration of voters and shall prescribe procedures for the
registration of voters in each of the respective districts, pro-vided,
that there shall be at least two registration days in each
election year, the last of which to be not more than 30 days
926 Chapter 428
prior to the election. The ordinance may provide for permanent
registration lists. There need be no special registration for ref-erenda,
and special elections, but the qualifications for voting
at such shall be based upon the last previous registration.
Section 36. NOMINATIONS
All nominations shall be by petition. Each nominating pe-tition
shall bear the names of ten qualified voters in the Town
of Elsmere and petitions for candidates for Town Council shall
each contain the signatures of ten qualified voters residing in
the district from which the candidate seeks election. The nom-inating
petition for each candidate must be filed with the Secre-tary
at least 30 days before the municipal election is held and
checked by him forthwith. The Secretary shall furnish each
candidate with a voting list 15 or more days prior to said elec-tion.
Section 37. ABSENTEE VOTING
The Council may prescribe by ordinance in accordance with
State Law absentee ballots for persons who may be absent from
the Town during the time of an annual municipal election, spe-cial
election or referendum or who because of sickness or be-cause
of physical disability cannot appear at the polling place
on the day of the holding of any biennial municipal election,
special election or refendum.
Section 38. ELECTIONS
A regular municipal election shall be held on the last
Saturday in June, 1955 or on the first Saturday which shall be
more than 60 days after the enactment of this charter, which
ever is later, and on the last Saturday of April in each second
year thereafter. Council shall by ordinances set the hours dur-ing
which the polls shall be open. The Council shall designate
the place or places of election and make all necessary rules and
regulations not inconsistent with this Charter nor with the
general laws of the State of Delaware for the conduct of elec-tions,
for the prevention of fraud in elections and for the recount
of ballots in case of doubt or fraud.
Chapter 428 927
At least ten days previous to such election, due notice
thereof and of the time and place or places thereof shall be
given by the Council. At all such elections the votes shall be
received at each polling place by three qualified voters of said
Town appointed by the Council from lists of five voters in each
district supplied by each political party at any regular or special
meeting thereof held in the month preceding said election. Not
more than two of the election officers in any district shall be
members of the same political party, and no political party shall
have a majority of election officers in more than half of the
election districts. One of the said persons for each polling place
shall be designated as the inspector and the other two as judges
of the election, and the three at each polling place shall be known
as officers of election, and no such person shall be a candidate
for office at any such election ; in addition to the election officers
there shall be two clerks at each polling place, each of which shall
represent one of the two political parties. The clerks shall be
appointed by the Council from a list of three names from each
district submitted by each political party. The result of the
balloting at each polling place for said officers of said Town
shall be ascertained by the said officers of election, who shall
certify the said results under their hands to the Council. The
Council may appoint clerks to assist the officers of election.
In case of referenda or special elections, the same procedure
shall be followed to the extent applicable as with respect to the
regular elections and the penalty for fraud and misconduct shall
be the same.
Section 39. BALLOTS
For the purpose of the regular Town elections a separate
form of ballot shall be provided for each district, which ballot
shall contain, in addition to the names of the candidates for the
Town Council running in that district, the names of the candi-dates
for those offices which are voted upon at large. The ballots
provided for the purpose of the municipal election shall bear
a party designation and shall contain a list of the candidates by
party under the offices to which they seek election. Official bal-lots
shall not be used as sample ballots but shall be used only at
the election. The officers of the election shall not Supply any
928 Chapter 428
ballots to any person except one ballot to each voter, proper to
his district, as he enters the polls to vote. In the event of spoilage
of a ballot, the spoiled ballot must be returned by the voter to
entitle him to a new ballot. No ballot other than those supplied
by the officers of election shall be used at the municipal election
and the ballots shall contain only the names of candidates duly
nominated by petition as hereinbefore described. Council may
by ordinance provide for the use of voting machines in municipal
elections.
Section 40. CONTRACTS
All contracts of whatever character involving an expendi-ture
above an amount determined by resolution of the Council
shall be written and shall be let and made by the Council and
shall be based on specifications provided by the appropriate
person designated by the Council.
Pending advertisements for bids, any plans, specifications,
and profiles to be used in the proposed work or contract shall
remain on file in the office of the Council and shall be subject
to the inspection of any interested person. All contracts and
purchase above an amount determined by resolution of the
Council shall be entered into and made only after advertising
not less than two times in a newspaper of general circulation in
New Castle County, inviting competitive bids. Each such bid
shall be sealed and filed with the person designated by the
Council. All bids shall be opened in the presence of the Council
or a duly authorized committee of the Council and shall remain
on file.
The Council shall consider all bids which have been proper..
ly filed and may enter into a contract with the party offering
the lowest and/or best bid, or they may reject all bids and re-advertise
for bids, or they may have the work done under the
supervision of the proper department of the Town. The award-ing
of a contract to the successful bidder shall give no right
of action or claim against the Town upon such bid or contract
until the same shall be reduced to writing and duly signed
by the contracting parties. The Council shall have the power to
require all bidders to post bonds to secure the performance of
the contract and the payment of all claims for labor and
material used in the work.
Chapter 428 929
Section 41. FEES
All fees and monies received by any officer or employee
shall belong to the Town of Elsmere and shall be paid weekly
to the Treasurer unless otherwise provided herein or by ordi-nance.
Section 42. ASSESSMENT APPEALS
On or before May 1 of each year the Assessor shall prepare
and submit to the Council two or more copies of the assessment
of all realty within the Town, showing the location of each
parcel of real estate, by street and number or other suitable
description. When Council approves the said assessment roll,
it shall cause a full and complete transcript thereof, as pre-pared
by the Assessor or as modified by Council to be made
available within the Town on or before the second Monday
in May at a place designated by the Council, there to remain
for inspection by any property owner up to but not including the
appeal day. Notice of the time and date for the hearing of
appeals shall be advertised at least twice in a newspaper of
general circulation in New Castle County. Such notice shall
show the time and place where the asessment list may be viewed
and the time and place of hearing appeals.
On the fourth Monday of May the Council shall hold a
Court of Appeals which shall continue open. from 7:00 o'clock
p. m. to 10:00 o'clock p. m., during which time the Council
shall hear and determine appeals from the said assessment and
shall make such corrections and additions as may be deemed
necessary and proper. If the said appeal day shall fall on a holi-day,
the appeals shall be heard on the next business day. The
decision of a majority of the Council shall be final and con-clusive
in respect to all appeals.
No member of Council shall sit on his own appeal, but the
name shall be heard and determined by the other members of
Council. After the said valuation and assessment shall be ex-amined
and adjusted by the Council, all property taxes shall
be levied on real property thus assessed in just and equal pro-portions.
930 Chapter 428
Section 43. COLLECTION OF TAXES AND SPECIAL
ASSESSMENTS
At the biennial organization meeting the Council sflall elect
some suitable person Tax Collector of the Town to serve for
the term of two years or until his successor is duly elected and
qualified. On or before the first day of July of each year, the
Council shall furnish the Tax Collector with a list containing
the names of the owners of all real estate within the Town,
and opposite the name of each description of the said real estate
as the same appears on the assessment of the Town, together
with the assessed valuation of each said parcel of real estate as
finally determined by the Council. Said list shall also contain,
with respect to each designation of property, where applicable,
the amount or amounts of any special assessment or assess-ments
levied as hereinafter provided. At the same time the
Council shall furnish the Tax Collector with the rate of general
taxation per One Hundred dollars ($100.00) of assessed valu-ation.
The list shall be certified by the Town Secretary. All
taxes shall be paid to the Tax Collector, subject to such dis-counts,
penalties and interest as Council may direct.
The Tax Collector on the first day of July shall proceed to
collect the taxes, based upon said list, and in collecting the same
shall have the same powers as are given by law to the Receiver
of Taxes and County Treasurer of New Castle County. All
taxes shall be due and payable on the first day of July of the year
during which said taxes are levied. No legal proceedings shall
be instituted for the collection of taxes until after the last day
of February following the year after the year during which said
taxes are levied ; provided that if any person or persons shall
remove from said Town after the first day of August, his or
their taxes shall Ircome immediately due and payable.
The Tax Collector shall, before entering upon his duties,
give bond to the Town of Elsmere with sufficient surety to be
approved by the Council, in the penal sum of double the amount
of what may be likely to come into his hands, conditioned for
the faithful discharge of the duties of his office. The cost of said
bond shall be paid by the Town. The said Tax Collector shall
render an account and pay unto the Town Treasurer all money
Chapter 428 931
in his hands upon the expiration of his term of office and at
such other time or times as the Council may designate. The
compensation of the Tax Collector shall be fixed by the Council.
In the event that any Town taxes remain unpaid after the
last day of February following the year after the year during
which the said taxes were levied, the Town of Elsmere may
file, or cause to be filed, a Praecipe in the office of the Prothono-tary
of the Superior Court in New Castle County, which Prae-cipe
shall contain the name of the person against whom the
taxes or assessments sought to be collected were assessed, and
a copy of the bills showing the amount of taxes or assessments
clue and the property against which the assessment was laid ;
and the statement of the lot number or numbers of the partic-ular
section in which said property is located or the street num-ber
or numbers shall be sufficient identification and description
of said property. The Prothonotary shall make a record of same
on the judgment records of said Superior Court against the
property mentioned or described in said Praecipe. Thereafter
upon a Praecipe for Monition filed in the office of said Pro-thonotary
by the Town of Elsmere through any person author-ized
on its behalf to collect taxes or assessments due to the
Town of Elsmere, a Monition shall be issued by the Prothono-tary
aforesaid to the Sheriff of New Castle County, which
Monition shall briefly state the amount of the judgment for the
taxes or assessments due and the years thereof, together with
a brief description of the property upon which said taxes or
assessments are a lien ; and a description of such property by
street and number or by lot number or numbers of the particular
section in which said property is located shall be a sufficient
description. Said Monition shall be in substantially the follow-ing
form:
To all persons having or claiming to have any title, interest
or lien upon the within described premises, take warning that
unless the judgment for the taxes or assepments stated herein
is paid within twenty days after the date hereof, or within
such period of twenty days evidence of the payment of taxes
herein claimed shall be filed in the office of the Prothonotary,
which evidence shall be in the form of a receipted bill or dupli-cate
thereof, bearing date prior to the filing of the lien in the
Office of the Prothonotary for New Castle County, the Town of
932 Chapter 428
Elsmere may proceed to sell property herein mentioned or de-scribed
for the purpose of collecting the judgment for the taxes
or assessments herein stated :
Name of Person in whose Description Year or Amount of
name property is assessed of property years Judgment
Said Monition, or copy thereof, shall be posted by the
Sheriff upon some prominent place or part of the property
against which said judgment for the taxes or assessments is a
lien. The Sheriff shall make due and proper return of his pro-ceedings
under said Monition to said Prothonotary within ten
days after the posting of said copy of Monition as aforesaid.
Alias or Pluries Monition may issue upon like Praecipe. The
posting of said Monition shall constitute notice to the owner or
owners and all persons having any interest in said property.
At any time after the expiration of twenty days following
the return of the Sheriff upon such Monition, unless before the
expiration of said twenty days the said judgment and costs on
said judgment shall be paid or evidence of the payment of such
taxes evidenced by a receipted bill or a duplicate thereof bear-ing
date therefor prior to the filing of said lien for record in
the office of the Prothonotary as aforesaid, upon Praecipe filed
by the Town of Elsmere, a writ of Venditioni Exponas shall
issue out of the office of the said Prothonotary directed to the
Sheriff commanding the Sheriff to sell the property mentioned
or described in said writ and make due return of his proceed-ings
thereunder in the same manner as is not applicable with
respect to similar writs of Venditioni Exponas issued out of the
said Superior Court.
NEW CASTLE COUNTY
SS.
THE STATE OF DELAWARE
TO THE SHERIFF. OF NEW CASTLE COUNTY
GREETINGS
WHEREAS, by a Monition issued out of the Superior Court,
dated at Wilmington, the day of A D.,
195 ... , IT WAS COMMANDED, that you should post the said
Monition or copy thereof upon the real estate therein men-
Chapter 428 933
tioned and described, and make a return to the said Superior
Court within ten days after said posting. That on the
day of A D., 195..., you returned that a copy of
the said Monition was posted on the real estate therein men-tioned
and described on the day of
A. D., 195....
We therefore now command you to expose to public sale
the real estate mentioned and described in said Monition as
follows :
And that you should cause to be made as well a certain
debt of Dollars ($ ) lawful money of the
United States, which to the said Town of Elsmere, a municipal
corporation of the State of Delaware, is due and owing, as also
the sum of Dollars ($ ) lawful money as
aforesaid, for its costs, which it has sustained by the detaining
of that debt, whereof the said was
convicted as it appears of record and against which said prop-erty
it is a lien ;
And have you that money before the Judges of our Superior
Court at Wilmington, on Monday the day of
next, to render to the said Town of Elsmere, a
municipal corporation as aforesaid, for its debt and costs as
aforesaid, and this writ;
WITNESSETH, the Honorable
at Wilmington the day of A D., 195...
Prothonotary
Upon the return of the proceedings under said writ of
Venditioni Exponas, the Superior Court may inquire into the
regularity of the Proceedings thereunder, and either approve
the sale or set it aside.
Any real estate or interest therein sold under the provisions
hereof shall vest in the purchaser all the right, title and interest
of the person in whose name said property was assessed, and/or
all right, title and interest of the person or persons who are the
934 Chapter 428
owner or owners thereof, and likewise freed and discharged
from any dower or curtesy or statutory right, in the nature of a
dower or curtesy, whether absolute or inchoate, in or to said
real estate, and from all equity of redemption and liens and
encumbrance held by persons and corporations against such
property.
The owner of any such real estate sold under the provisions
of this Act or his legal representatives may redeem the same
at any time within one year from the day said sale thereof is
approved by the Court, by paying to the purchaser or his legal
representatives, successors or assigns, the amount of the pur-chase
price and fifteen per cent in addition thereto, together
with all costs incurred in the cause ; or if the purchaser or his
legal representatives, successors or assigns shall refuse to re-ceive
the same, or do not reside or cannot be found within the
Town of Elsmere, by paying said amount into said Court for
the use of said purchaser, his legal representatives or assigns.
In the event that the owner of said property or his legal
representatives shall fail to redeem said property as herein pro-vided,
the purchaser of said property or his legal representa-tives,
successors or assigns may present a Petition to the Super-ior
Court setting forth the appropriate facts in conformity with
this Act and pray that the said Superior Court make an order
directing the Sheriff, then in office, to execute, acknowledge and
deliver a deed conveying the title to said property to the Peti-tioner;
and thereupon the said Superior Court shall have power,
after a hearing upon said Petition, to issue an order directing
the Sheriff to execute, acknowledge and deliver a deed as prayed
for in said Petition, and a description of said property by street
number or by lot number or numbers of the particular section
in which said property is located, together with a description
of said property by metes and bounds.
If the owner of any real estate sold under an order of sale
or his legal representative shall redeem said real estate, he may
prefer to said Superior Court a petition setting forth that fact
and thereupon the said Superior Court, after hearing and de-termining
that facts set forth in said petition, shall have power
to cause to be entered upon the record of the Judgment, under
which said real estate was sold, a memorandum that the real
Chapter 428 935
estate described in the proceeding upon which said Judgment
was entered has been redeemed and thereafter the said owner
shall hold such redeemed real estate subject to the same liens,
and in the same order of priority as they existed at the time of
the sale thereof, excepting so far as the said liens have been
discharged or reduced by the application of the proceeds by the
said Sheriff from the said sale.
No Monition proceedings shall be brought under this Act
unless the tax or assessment sought to be collected hereunder
shall at the time of the filing of said Petition in the Office of the
Prothonotary be and constitute a lien on the property against
which the tax or assessment was assessed or laid. All taxes for
Town purposes which may hereafter be lawfully assessed on
real estate in the Town of Elsmere shall constitute a prior lien
thereon for a period of ten years from the first clay of July
succeeding the assessment of said taxes, but if the said real
estate remains the property of the person to whom it is assessed,
the lien shall continue until the tax is collected, and may, with
all incidental costs and expenses, be collected by sale thereof
as hereinbefore provided. The said tax lien and costs and reas-onable
counsel fees for the collection thereof shall be fully paid
and satisfied before any recognizance, mortgage, judgment, debt,
obligation or responsibility which the real estate may be charged
with or liable to. The Town of Elsmere shall have the authority
to authorize any person or persons to make a bid or bids at the
sale of any real estate under the provisions of this Act and in
the event that such person or persons is the highest and best
bidder or bidders therefor the title thereto shall be taken in
the name of the Town of Elsmere, a municipal corporation of
the State of Delaware. The Town of Elsmere, by resolution
duly adopted, is authorized and empowered to sell and convey
any real estate purchased under the provisions of this Act.
Whenever the Superior Court is mentioned in this Statute
the same shall be held to embrace the Judges or any Judge there-of,
and any act required or authorized to be done under this
Act may be done by the said Superior Court or any Judge
thereof in vacation thereof, as well as in term time.
The fees and costs to be fixed in all Monition proceedings
under this Act where not otherwise provided for, shall be as
follows : .
936 Chapter 428
The following fees shall be charged by the Prothonotary:
Filing Praecipe $1.10
Issuing Monition and copy 2.75
Issuing Alias or Pluries Monition and copy 2.75
Writ of Venditioni Exponas 2.25
Filing any Petition in Superior Court un-der
this Act 1.00
Cost of paying money into Superior Court 1.00
Cost of paying money out of Superior Court
for each check drawn 1.00
The following fees shall be charged by the Sheriff:
Posting Monition $ .75
Posting each Alias or Pluries Monition or
Copy thereof .75
All other charges not covered by this Act shall be the same
as are now provided by law.
The foregoing method for enforcing the collection of Town
taxes shall not preclude the enforcement of payment thereof
by appropriate civil suit against the person or persons person-ally
liable for their payment by reason of said person or persons
having been the owner of said real estate at the time when the
said taxes became a lien.
Section 44. ACQUISITIONS OF PROPERTY
The Town of Elsmere is hereby authorized and empowered
whenever it shall deem it necessary and expedient for any
municipal purpose to obtain and acquire property either within
the boundaries of said Town or outside said boundaries and to
obtain legal title to said property by appropriate conveyances.
Section 45. LEVYING OF SPECIAL ASSESSMENTS
The Town of Elsmere is hereby authorized and empowered
to levy and collect special assessments upon property in a limited
and determinable area including such real estate as would be
otherwise exempt from county and municipal assessment and
taxation by virtue of any law of the State of Delaware, for
Chapter 428 937
special benefits accruing to such property as a consequence pf
any municipal public work or improvement ; and to provide for
the payment of all or any part of the costs of the work, service
or improvement out of the proceeds of said special assessments.
Section 46. POWER OF THE TOWN OF ELSMERE
OVER STREETS
The Council shall have the power and authority to lay out,
locate and open new streets and to widen or to alter existing
streets or parts thereof and to vacate and abandon streets or
parts thereof whenever they shall deem it for the best interests
of the Town ; provided, however, that this power shall not be
exercised with respect to property owned by the State of Dela-ware
or any agency thereof without the approval of the State
or State agency. In the event that condemnation of private
property may be necessary in connection with the aforemen-tioned
powers of the Town with respect to streets, the manner
and procedure thereof shall be as set forth in Title 10,

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND EIGHTEENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 4, A. D.
1955
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY- NINTH
VOLUME L
Printed by
Milford Chronicle Pubbaling Company
Milford, Delaware
PART II